Foster

People v. Foster

Good Law
251 Cal. Rptr. 3d 312·7 Cal. 5th 1202·447 P.3d 228
Supreme Court of CaliforniaAugust 22, 2019S248046California4,171 words

Opinion

Lead Opinion

Liu, J.

*313 *1205 The Mentally Disordered Offender Act ( Pen. Code, § 2960 et seq. ) authorizes the Board of Parole Hearings to involuntarily commit individuals convicted of certain felony offenses for mental health treatment as a condition of parole. ( Pen. Code, § 2962 ; all undesignated statutory references are to this code.) Commitment as a mentally disordered offender (MDO) may continue even after an offender's parole term has expired, so long as the district attorney makes a showing that the MDO's mental disorder is not in remission **229 and that the MDO, because of the disorder, represents a substantial danger of physical harm. (§§ 2970, 2972.)

In November 2014, California voters enacted Proposition 47, which reclassified certain drug and theft-related offenses from felonies (or wobblers) to misdemeanors. ( People v. Valencia (2017) 3 Cal.5th 347 , 355, 220 Cal.Rptr.3d 230 , 397 P.3d 936 .) The initiative also authorizes individuals who have completed felony sentences affected by Proposition 47 to petition to redesignate the felony as a misdemeanor. (§ 1170.18, subd. (f).) Proposition 47 mandates that, with the exception of firearms restrictions, a redesignated conviction "shall…

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