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Name: People v. Achrem
Case #: B236100
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 01/29/2013
Summary

Treatment at a parole outpatient clinic (POC) satisfies the 90-day treatment criteria for an MDO commitment where treatment is specified by Department of Mental Health (DMH). Appellant, who suffers from schizophrenia, was convicted of manslaughter in 2000. After his release on parole he received treatment for 90 days at a POC. His parole was thereafter violated and he was returned to prison, where he received 73 days of treatment in an enhanced outpatient program (EOP) prior to his April 23, 2011 parole release date. On July 15, 2011 the Board of Parole Hearings (BPH) certified appellant as an MDO and he filed a petition challenging this certification. Held: Affirmed. To qualify for an MDO commitment it must be shown the defendant: (1) has a severe mental disorder; (2) used force/violence during the offense; (3) the disorder was a factor in aggravation in the offense; (4) the disorder is not in remission or capable of being held in remission without treatment; (5) the offender was treated for the disorder for at least 90 days in the year prior to his parole/release; and (6) the offender poses a serious danger to others. Although Penal Code section 2962, subdivision (c) has been held to require inpatient treatment for purposes of the 90-day requirement, inpatient and outpatient treatment are synonymous under the MDO act where the parole outpatient treatment is specified by the DMH. Contrary dicta in People v. Del Valle (2002) 100 Cal.App.4th 88 and People v. Martin (2005) 127 Cal.App.4th 970, is disapproved.