P.

FACTS

On February 2, 2012, Small filed a petition to challenge a Board of Parole Hearing's (BPH) decision that he met the requirements for commitment as an MDO. (§ 2962.) The superior court appointed counsel for him and Small waived a jury trial. At trial, Allison Stanley, a forensic psychologist, testified that Small has a "psychotic disorder," which is a severe mental disorder. The symptoms include "grandiose

1 All statutory references are to the Penal Code. delusions and bizarre behavior." His 1995 commitment offense involved lewd acts on a child under 14 years of age. (§ 288.) The 13-year-old child was waiting for a school bus. Small was convicted of rape in1983, and he committed an earlier lewd act on a child in 1967. He represented a substantial danger of physical harm to others. He has a history of violence, no remorse for his actions, and he violated parole on three occasions. Two of the parole violations involved being in the presence of minor children. He refuses to take his medications, and he has "negligible insight into his severe mental disorder." His disorder is not in remission. David Walsh, a forensic psychologist, testified that Small suffers from a…