People v. Diaz CA3

DISCUSSION

“ ‘The Mentally Disordered Offender Act (MDO Act), enacted in 1985, requires that offenders who have been convicted of violent crimes related to their mental disorders, and who continue to pose a danger to society, receive mental health treatment . . . until their mental disorder can be kept in remission.’ ” (Lopez v. Superior Court (2010) 50 Cal.4th 1055, 1061, disapproved on another point in People v. Harrison (2013) 57 Cal.4th 1211, 1230.) “Commitment as an MDO is not indefinite; instead, ‘[a]n MDO is committed for . . . one-year period[s] and thereafter has the right to be released unless the People prove beyond a reasonable doubt that he or she should be recommitted for another year.’ ” (Lopez, at p. 1063.) To obtain an extension of one year, the People must prove that: (1) the person continues to have a severe mental disorder; (2) the person’s mental disorder is not in remission or cannot be kept in remission without treatment; and (3) because of his mental disorder, the person continues to represent a substantial danger of physical harm to others. (Pen. Code, § 2972, subd. (c); People v. Lopez, supra, 50 Cal.4th at p. 1063; People v. Beeson (2002) 99 Cal.App.4th…