California Court of Appeals, Second District, Sixth Division
[257
Cal.Rptr.3d 494] Superior Court County of San Luis Obispo,
Jesse John Marino, Judge (Super. Ct. No. 18PT-00854)
Page 287
[Copyrighted Material Omitted]
Page 288
COUNSEL
Xavier
Becerra, Attorney General, Lance E. Winters, Chief Assistant
Attorney General, Zee Rodriguez, Susan Sullivan Pithey and
Amanda V. Lopez, Deputy Attorneys General, for Plaintiff and
Appellant.
Gerald
J. Miller, under appointment by the Court of Appeal, for
Defendant and Respondent.
OPINION
TANGEMAN,
J.
Page 289
The
Mentally Disordered Offender Act (MDO Act) provides that
individuals with severe mental disorders who are convicted of
certain felonies may be ordered to participate in inpatient
mental health treatment after they have completed their
prison terms. (Pen. Code,[1] § 2960 et seq.) To qualify as a
mentally disordered offender (MDO), a prisoner must have
"been in treatment for the severe mental disorder for 90
days or more within the year prior to [their] parole or
release." (§ 2962, subd. (c).) Here we consider whether
treatment during an extension of a prisoners custodial time
to complete a psychiatrists evaluation (see § 2963) may be
included in the required 90 days of treatment. We conclude
that it can.
The
Attorney General appeals from the trial courts order finding
that Andrew Joseph Parker did not meet the criteria to be
treated as an MDO because he did not receive 90 days of
treatment before his scheduled parole date. He contends
treatment during the additional 45-day custody period
authorized by the Board of Parole Hearings (Board) pursuant
to section 2963 should have counted toward the 90 days of
treatment required by section 2962, subdivisions [257
Cal.Rptr.3d 495] (c) and (d)(1). We agree, and reverse.
FACTS AND PROCEDURAL HISTORY
On
December 19, 2017, Parker pled no contest to making criminal
threats (§ 422). The trial court sentenced him to two years
in state prison. Over the next two months, Parker received 17
days of mental health treatment while housed in the county
jail.
Parker
was delivered to the California Department of Corrections and
Rehabilitation (CDCR) on February 16, 2018, with a scheduled
release date of March 31. Daily treatment at CDCR for
Parkers mental disorder began on February 22. On March 20,
the Board ordered Parker to remain in custody for 45 days
beyond his scheduled release date, through May 14. Treatment
of Parkers mental health disorder continued during this
...