People v. Harrison
57 Cal. 4th 1211
| Cal. | 2013Background
- Harrison was convicted of battery with serious bodily injury and sentenced to two years.
- Before parole, he was certified as an MDO under Penal Code 2962; Board upheld the certification.
- Harrison challenged the Board’s 2962 certification under Penal Code 2966, seeking a superior court review.
- Court conducted bench trial with Dr. Suiter diagnosing Harrisons's schizophrenia and linking disorder to the offense.
- Court of Appeal reversed for lack of evidence that evaluators and chief psychiatrist complied with 2962(d) procedures.
- California Supreme Court reversed the Court of Appeal, holding 2962 criteria are substantive and the evaluation/certification procedures are procedural.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 2962's 'criteria' include evaluation/certification procedures | Harrison: procedures are part of criteria | People: procedures are separate from criteria | Procedures are not part of the 2962 criteria |
| Whether compliance with evaluation procedures is a merits issue for the trier of fact | Harrison argues must prove compliance at hearing | People need not prove compliance as part of merits | Compliance is a legal prerequisite, not a merits issue |
| Constitutionality concerns about present dangerousness standards | Lower standard could violate equal protection | Statutory framework and amendments ensure proper dangerousness standard | Statutory framework upheld; reading to lower standard rejected |
Key Cases Cited
- Lopez v. Superior Court, 50 Cal.4th 1055 (2010) (MDO act purpose and public safety balance)
- In re Qawi, 32 Cal.4th 1 (2004) (remission and evaluation considerations in MDO context)
- People v. Gibson, 204 Cal.App.3d 1425 (1988) (present dangerousness requirement and MDO concerns)
- People v. Posey, 32 Cal.4th 193 (2004) (procedural prerequisites and rights in hearings)
- Sara M. v. Superior Court, 36 Cal.4th 998 (2005) (administrative interpretation and statutory construction deference)
- People v. McKee, 47 Cal.4th 1172 (2010) (SVP act parallels on evaluative prerequisites and submittal)