Dunley
People v. Dunley
Opinion
Lead Opinion
McKinster, J.
*695 The Mentally Disordered Offenders Act (Pen.Code, § 2960 et seq. ) 1 provides for involuntary civil commitment as a condition of parole for prisoners who are found to have "a severe mental disorder" if certain conditions are met. (§ 2962, subds. (a)-(f).) 2 The commitment is for a *696 term of one year and may be extended annually for an additional year on petition of the district attorney. (§ 2972, subds. (a), (b).)
Appellant Eddie Dunley appeals from a judgment extending his commitment as a mentally disordered offender (MDO). He contends that because persons subject to civil commitment after being found not guilty by reason of insanity (NGI) have a statutory right, pursuant to section 1026.5, subdivision (b)(7) (hereafter section 1026.5(b)(7)), not to be compelled to testify in proceedings to extend their commitments ( Hudec v. Superior Court (2015) 60 Cal.4th 815 , 832, 181 Cal.Rptr.3d 748 , 339 P.3d 998 ), so should a person facing commitment as an MDO. He points out that this right has been extended to commitment proceedings for sexually violent predators (SVP) by application of equal protection principles. ( People v. Curlee (2015) 237 Cal.App.4th 709 , 716-722, 188…