Dunley

People v. Dunley

Good Law
201 Cal. Rptr. 3d 630·2016 Cal. App. LEXIS 292·246 Cal. App. 4th 691
Court of Appeal of CaliforniaApril 4, 2016E062656California5,502 words

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…

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