Supreme Court of California

In the context of petitions for the continued involuntary civil commitment of a prisoner adjudicated to be a mentally disordered offender (MDO), the time limit of Penal Code section 2972(e) is mandatory, not directory. Thus, a trial court does not have authority to extend an MDO's commitment under that section if the petition is filed after the prior commitment has terminated.

Appellate Information

• Decided 08/13/2007
• Published 08/13/2007

Judges

• CHIN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Michael A. Kresser, under appointment by the Supreme Court, Santa Clara, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Mary Jo Graves, Chief Assistant Attorneys General, Gerald A. Engler, Assistant Attorney General, René A. Chacón, Ralph Sivilla and Linda M. Murphy, Deputy Attorneys General, for Plaintiff and Respondent.