Crivello

Under the Mentally Disordered Offender (MDO) Act individuals convicted of particular enumerated violent offenses may be required to receive mental health treatment. (Lopez v. Superior Court (2010) 50 Cal.4th 1055, 1057 [ 116 Cal.Rptr.3d 530 , 239 P.3d 1228 ] (Lopez).) As relevant in this case, in order to commit a prisoner as an MDO under Penal Code 1 section 2962, the People must prove that his “severe mental disorder was one of the causes of or was an aggravating factor in the commission of a crime for which the prisoner was sentenced to prison.” (§ 2962, subd. (b).) “The MDO Act provides for treatment of certified MDO’s at three stages of commitment: as a condition of parole [(§ 2962)], in conjunction with the extension of parole [(§ 2966, subd. (c))], and following release from parole [(§ 2970)]. Section 2962 governs the first of the three commitment phases, setting forth the six criteria necessary to establish MDO status . . . .” {Lopez, at pp. 1061-1062.) Three of the six criteria under section 2962 are foundational and need only be established at the initial section 2962 hearing. The other three criteria are dynamic and must be established at each annual review of…