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Name: People v. Marchman
Case #: C048996
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/27/2006
Summary

Marchman was committed for an additional year of involuntary treatment under the Mentally Disordered Offender Act (MDO Act). On appeal, he contended that the trial court erred by denying his motion to dismiss the recommitment petition because the prosecutor had no authority to file a petition unless the medical director of the treating state hospital determines that the severe mental disorder is not in remission or cannot be kept in remission without treatment. The appellate court agreed and reversed the judgment. Under the MDO Act, if the medical director of the facility makes a determination about a patient on the issue of remission, a written evaluation must be submitted to the prosecutor. This written evaluation is a prerequisite for the filing of an initial petition for involuntary commitment. The same prerequisite for initial commitment petitions apply to recommitment petitions as well. The prosecutor may only initiate commitment or recommitment proceedings if the director provides a written evaluation concluding that the mental disorder is not in remission or cannot be kept in remission without treatment. The trial court was directed to dismiss the petition.