People v. Superior Court

In this proceeding, the People challenge an order of the superior court directing that real party Harvey Bannister be released forthwith from Patton State Hospital. Bannister contends that he is entitled to immediate release because he was not informed, at the time he bargained for a three-year commitment in 1980, that the commitment could be extended indefinitely. We hold that People v. Lomboy (1981) 116 Cal.App.3d 67 [ 171 *1527 Cal.Rptr. 812 ], which requires such an admonition, does not apply retroactively to Bannister’s case.

Facts

In 1980, after pleading not guilty by reason of insanity (NGI) to a charge of arson, Bannister was committed to the Department of Mental Hygiene. At the time of the plea, Bannister was told that the commitment would be “for a minimum of ninety days and a maximum of three years.” Bannister was not told that the commitment could be extended if he was found to be a person “who, by reason of a mental disease, defect, or disorder represents a substantial danger of physical harm to others.” (Pen. Code, § 1026.5, subd. (b)(1).)

Bannister’s commitment was extended twice, in March 1983 and March 1985. In September 1986, a staff psychiatrist at…