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Name: People v. Del Valle
Case #: B151537
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/15/2002
Subsequent History: As modified on denial of rehg. 8/9/02. Rev. denied 10/2/02.

Del Valle appealed from an order committing him to the Department of Mental Health (DMH) as a mentally disordered offender (MDO). The issue in dispute was whether he had received the 90 days of treatment within the year prior to his parole release date, and therefore qualified as an MDO under Penal Code section 2962. Appellant received 85 days of treatment while in custody. The trial court concluded that he had received five days prior to incarceration in a private outpatient clinic, and therefore the 90-day requirement was met. The appellate court here reversed the commitment order. The statutes require that treatment must be supervised by DMH, and therefore the days spent in a private outpatient clinic did not count towards the requisite 90 days.