California Court of Appeal

Welfare and Institutions Code section 1801.5, which permits further detention of a juvenile offender if he would be "physically dangerous to the public" because of a mental disorder, violates due process. To justify indefinite involuntary commitment, the link between mental impairment and public danger must be proven to the point that the mental disorder causes a likelihood the person will reoffend.

Appellate Information

• Decided 03/24/2004
• Published 03/24/2004

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Michael B. McPartland, Petaluma, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, and John G. McLean, Deputy Attorney General, for Plaintiff and Respondent.