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Name: People v. Gerard
Case #: B260679
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 12/22/2015

Board of Parole Hearings had good cause to detain a prisoner beyond his release date to conduct an MDO evaluation where prisoner’s release date was the same date he was received by CDCR. In 2013, Gerard was convicted of failing to register as a sex offender (Pen. Code, § 290) and sentenced to a 16-month prison term. Because his presentence credits exceeded his sentence, his earliest parole release date was the same day that he was received by CDCR: March 10, 2014. However, instead of releasing him, CDCR and the Board detained him for an MDO evaluation. In an order filed March 12, 2014, the Board found good cause to keep Gerard in custody for an MDO evaluation because he was received into CDCR with less than 45 days to his release date. Thereafter, it was determined that Gerard met the requirements for commitment as an MDO. Gerard challenged the determination. Before trial, he moved for judgment, asserting that the Board did not timely certify him as an MDO. The trial court granted Gerard’s motion. The People appealed. Held: Reversed. The chief psychiatrist of CDCR must certify to the Board that the prisoner is an MDO before his or her release on parole. (Pen. Code, § 2962.) However, for good cause the Board may order that a person remain in custody for 45 days beyond the person’s scheduled release date for an MDO evaluation. (Pen. Code, § 2963.) Good cause exists where the prisoner is received into custody with less than 45 days remaining prior to his scheduled release date. The Board is not required to file a written order before the release date. Here, the Board’s actions in detaining and evaluating Gerard for an MDO commitment were timely under section 2963. The trial court’s reliance on Blakely v. Superior Court (2010) 182 Cal.App.4th 1445, was misplaced because Blakely was decided prior to the enactment of section 2963.