When the state seeks to extend the civil commitment of a developmentally disabled individual considered dangerous (WIC 6500 etc.), the statute permits trial on the extension request to occur after the original commitment period expires. Although statutes governing NGI (PC 1026.5) and mentally ill (PC 2962 etc.) commitments require trial on extending commitment to occur before expiration of original period, differences between the respective disabilities provide a rational basis for the distinction. Equal protection challenge rejected.
When the state seeks to extend the civil commitment of a developmentally disabled individual considered dangerous (WIC 6500 etc.), the statute permits trial on the extension request to occur after the original commitment period expires. Although statutes governing NGI (PC 1026.5) and mentally ill (PC 2962 etc.) commitments require trial on extending commitment to occur before expiration of original period, differences between the respective disabilities provide a rational basis for the distinction. Equal protection challenge rejected.
The full opinion is available on the court's website here: https://www.courts.ca.gov/opinions/documents/A169804.PDF