Reyes

— In this opinion we conclude that the due process rights afforded a person whose treatment at the California Rehabilitation Center (CRC) is being terminated (People v. Ramirez (1979) 25 Cal.3d 260 [ 158 Cal.Rptr. 316 , 599 P.2d 622 ]) are equally applicable to a person whose treatment in the mentally disordered sex offender (MDSO) program is being terminated.

Appellant Antonio Francisco Reyes pled guilty to forcible rape and kidnaping. He was subsequently found to be a mentally disordered sex offender (MDSO) under the procedures of Welfare and Institutions Code section 6300 et seq. 1 and was committed to the Department of Mental Health. He was admitted to Atascadero State Hospital on April 21, 1977, and remained there for 18 months, during which time at least 8 staff evaluations were done. The first seven of these indicated that Reyes’ amenability to treatment was under question but nonetheless recommended that he be retained and treated.

On October 23, 1978, appellant filed a petition under section 6327 seeking to have the superior court determine whether he was still in need of treatment as an MDSO or, alternatively, whether he was eligible for outpatient treatment…