Achrem

Here we hold that treatment at a parole outpatient clinic (POC), as “specified” by the State Department of Mental Health (DMH), satisfies the 90-day treatment criterion for an MDO (mentally disordered offender) commitment. (Pen. Code, §§ 2962, subd. (c), 2964, subd. (a); Cal. Code Regs., tit. 15, § 2570, subd. (f).) 1 Steven Achrem appeals from the judgment entered after the trial court determined he was an MDO. 2 Appellant *156 claims that he did not receive 90 days of treatment within a year of his parole or release date as required by section 2962, subdivision (c). We affirm and disapprove People v. Del Valle (2002) 100 Cal.App.4th 88 [ 121 Cal.Rptr.2d 889 ] (Del Valle) and People v. Martin (2005) 127 Cal.App.4th 970 [ 26 Cal.Rptr.3d 174 ] (Martin) where, in dicta, we stated that outpatient treatment cannot satisfy the 90-day treatment requirement of the MDO Act. (Pen. Code, § 2962, subd. (c).)

Procedural History

Appellant suffers from schizophrenia, a severe mental disorder, and was convicted of manslaughter (§ 192, subd. (a)) and sentenced to 11 years state prison in 2000. After he was released on parole, he received treatment for 90 days (Apr. 13, 2010, to July…