People v. J.S. CA4/2

I. FACTS AND PROCEDURAL BACKGROUND

In a published opinion issued on August 26, 2014, we considered whether

defendant’s petition challenging her initial classification as a MDO was moot because it

was not—through no fault of defendant—heard before expiration of her initial year of

involuntary commitment. (J.S., supra, 229 Cal.App.4th at pp. 166, 174.) We observed

that “at least where the People seek to continue an offender’s involuntary treatment

beyond the initial one-year term, an offender’s challenge to the validity of the initial

determination that he or she qualifies as an MDO could have significant practical effects,

and cannot be considered moot.” (Id. at p. 171.) We therefore reversed the trial court’s

grant of the People’s motion to dismiss the petition on the basis of mootness, and

remanded for further proceedings. (Id. at p. 174.)

In the meantime, defendant was recertified as an MDO when her initial

classification expired, in March 2013. The Board of Parole Hearings affirmed the

Further undesignated statutory references are to the Penal Code.

2 recertification on August 29, 2013. Defendant challenged that ruling in a petition filed in

the trial court…