Myers

INTRODUCTION

The Mentally Disordered Offender Act (MDO Act) (Pen. Code,1 § 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. [Citation.] 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 and that the MDO, because of the disorder, represents a substantial danger of physical harm. [Citations.]” (People v. Foster (2019) 7 Cal.5th 1202, 1205.) If that showing is made, the MDO’s involuntary commitment extends for one year. (§ 2972, subd. (c).) To make the required showing, the district attorney must file a petition with the superior court (§ 2970, subd. (b)) and must file it prior to the termination of the MDO’s commitment (§ 2972, subd. (e); People v. Allen (2007) 42 Cal.4th 91, 104 (Allen)). The petition must be “accompanied by affidavits specifying that treatment . . . has been continuously provided by the State Department of State Hospitals either in a state hospital or in an outpatient…