71 Cal. 2d 54 | Cal. | 1969
This is a companion case to In re Marks, ante, p. 31 [77 Cal.Rptr. 1, 453 P.2d 441], also decided this day. With one crucial exception, the contentions are the same as those raised in Marks and are without merit for the reasons there stated. The exception, a challenge to the validity of the initial commitment for narcotics addiction, is meritorious and requires issuance of the writ of habeas corpus.
The present application was filed on behalf of Alyce Mae Walker (hereinafter called petitioner), currently confined in the California Rehabilitation Center under an order of-com
In the early morning- hours of April 18, 1967, petitioner, ill as a result of ing-esting sleeping pills and alcohol, Consulted her private physician. After an examination he gave her a handwritten note addressed “To Whom It May Concern” and dated “5/18/67 — 9 a.m., ” stating that she had used heroin and narcotic stimulants “on and off” since 1959 and was currently addicted to barbiturates and amphetamines, and that in his opinion it would be in her best interests if she were “committed for care to a state institution.” Petitioner then went directly to the Psychiatric Unit of the Los Angeles County General Hospital and requested such care.
The hospital authorities, however, referred her to the district attorney’s office. Thereafter matters proceeded swiftly. In the hours remaining of the same day, (1) the district attorney filed a petition in the superior court seeking to have petitioner committed to the California Rehabilitation Center as a narcotics addict (Welf. & Inst. Code, § 3100); (2) after consultation with a deputy public defender, petitioner signed a sweeping waiver of all her statutory rights; (3) a “hearing” was held at which no Witnesses were called and no evidence was taken; and (4) the court nevertheless “found” that petitioner was a narcotics addict and entered the order of commitment now challenged.
The record thus discloses that, contrary to the statutory requirements,
At the time here relevant, Welfare and Institutions Code section 3107 provided that “Hearing may be waived by consent of the person sought to be committed, expressed in open court or in writing by the person prior to hearing. ’ ’ Construing the similarly worded predecessor to this statute (former Pen. Code, § 6507; Stats. 1961, ch. 850, p. 2227), we commended the practice of waiver as one “which, while fully protecting the rights of the individual, permits the start of treatment and rehabilitation to be expedited in uneontested commitment cases and thus ‘conserves the time and effort of the parties and the judiciary’ [Citation].” (In re Cruz (1965) 62 Cal.2d 307, 313 [42 Cal.Rptr. 220, 398 P.2d 412].) We adhere to that view; but we reiterate that in order' to be effective such a waiver must.be, as it was in Cruz, both “informed and limited. ” (IT)id.)
The first requirement of any waiver of statutory or constitutional rights, of course, is that it be knowingly and intelligently made. Such a showing is difficult enough in an ordinary criminal case, as witness the many appellate decisions on the point; it is even more difficult when the person purporting to make the waiver is in an altered physiological or psychological state, the characteristic of all narcotics addicts (see People v. Victor (1965) 62 Cal.2d 280, 301-305 [42 Cal.Rptr. 199, 398 P.2d 391]). A waiver pursuant to Welfare and Institutions Code section 3107, therefore, must be carefully scrutinized to determine that the person making it had the physical and emotional capacity to do so under all the circumstances of the case.
Here the waiver by petitioner includes a statement that she had “an opportunity to discuss . . . the advisability and ramifications of my waiving my rights . . . with legal counsel”; and that she “freely and voluntarily” waived these rights, “which I fully understand and comprehend.” This is followed by a similar statement on the part of her attorney, joining in the waiver. Other considerations, however, weigh
We need not, however, resolve the question whether the waiver in this case was knowingly and intelligently made, for in any event it is too broad. It purports to dispense with the fundamental requirement of a medical examination of petitioner to verify the fact of her addiction. But section 3107 provides only that “Hearing may be waived” by appropriate consent, not that the various statutory safeguards 'preceding a hearing may also be waived. In particular, the authority to waive the actual presence and testimony of .physicians at a hearing does not necessarily imply an authority to waive the prior examination and report by such physicians. That examination serves an independent and vital purpose, as we explicitly recognized in Cruz.
In that case, as here, the petitioner had signed a waiver form purporting to dispense with every right granted by the narcotics addict commitment law.
An examination by court-appointed physicians in waiver cases thus serves to protect the volunteer from a commitment entered into as a result of mistake, duress, depression or fear; indeed, it also protects the state, by assuring that all persons committed to its overburdened rehabilitation facilities are genuinely in need of the services there provided.
The writ of habeas corpus is granted and petitioner is ordered discharged from custody.
All statutory references in this opinion are to the narcotics addict commitment law as it existed in May 1967. Shortly thereafter most of the relevant sections were amended, but in a manner further strengthening the rights of persons sought to be committed. (See People v. Murphy (1969) 70 Cal.2d 109, 121-122, fn. 12 [74 Cal.Rptr. 65, 448 P.2d 945], and authorities there cited.)
Her attorney did no more, failing even to strike out the inappropriate words in his recital that ‘ ‘ I am satisfied that he/she fully understands the nature of these proceedings and the ramifications of waiving his/her rights. ...”
We are dismayed that such blanket waiver forms were still in use at the time of these proceedings, more than two years after Cruz. We have repeatedly pointed out the dangers of using inappropriate forms in commitment cases. (People v. Victor (3965) supra, 62 Cal.2d 280, 293, fn. 8; In re Raner (1963) supra, 59 Cal.2d 635, 641, fn. 8, 642, fn, 9.)
The official supervisory agency of the rehabilitation program recently reported that ‘ ‘ For the first time in the history of the California Rehabilitation Center a maximum population of 2,030 men and 330 women has been reached. Because of this it has been necessary to designate additional branch facilities at the California Correctional Institution as well as the previously established branches at the California Men’s Colony and California Medical Facility. Persons receiving treatment at these branch facilities are selected on the basis of specialized programs and facilities available at those institutions. It does not appear that population problems mil lessen in the coming year.” (4 Cal. Narcotics Rehabilitation Advisory Council Ann. Rep. (1968) p. 2.)
The trial court did not attempt to construe the handwritten note from petitioner’s own doctor as the “report” of court-appointed physicians required by statute. The printed “Certificate of Medical Examiner” appended to the waiver form was left blank and unsigned; and on the face of the order of commitment the court struck out the customary recital that such a certificate had been prepared, signed, and filed as a part of the proceedings.