People v. Hernandez
133 Cal. Rptr. 3d 817
Cal. Ct. App.2011Background
- This is an appeal from an order recommitting a mentally disordered offender (MDO) under Penal Code sections 2970 and 2972.1.
- Appellant Hernandez challenges the district attorney’s authority to file under 2970 absent a medical director recommitment recommendation or dangerousness finding.
- The medical director submitted a remission evaluation stating the disorder is not in remission without treatment and noting prior violence.
- The district attorney filed a petition for continued involuntary treatment after the director’s remission evaluation.
- The jury found the petition true and the court recommitted Hernandez for one year.
- On appeal, the court held the district attorney had authority to file regardless of a director’s recommitment recommendation or a dangerousness finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does DA have authority to file under 2970 without a recommitment recommendation? | Hernandez asserts lack of director recommendation/ dangerousness finding. | People argue the district attorney has authority if the disorder is not in remission or cannot be kept in remission. | Yes, DA has authority regardless of director’s recommitment recommendation or dangerousness finding. |
| Is a dangerousness finding by the medical director required before filing under 2970? | Hernandez relies on Garcia, Marchman, Cuccia to require director dangerousness. | People contend dangerousness finding is not required from the director; petition states dangerousness and DA can proceed. | No explicit director dangerousness finding is required; the district attorney may file if remission condition is met. |
Key Cases Cited
- People v. Garcia, 127 Cal.App.4th 558 (Cal. App. Dist. 2 2005) (remission determination rests with the medical director; DA may lack authority when in remission)
- People v. Marchman, 145 Cal.App.4th 79 (Cal. App. Dist. 2 2006) (director must determine nonremission or unsafe remission for DA to file)
- Cuccia v. Superior Court, 153 Cal.App.4th 347 (Cal. App. Dist. 2 2007) (director’s remission finding governs recommitment unless not in remission)
- People v. Burroughs, 131 Cal.App.4th 1401 (Cal. App. Dist. 4 2005) (remission status tied to violent acts and treatment adherence)