holding commitment of criminal defendant who was mentally disordered sex offender for “the longest term of imprisonment which could have been imposed for the offense ... of which the defendant was convicted” did not violate equal protection guarantees
How later courts described this case
- holding commitment of criminal defendant who was mentally disordered sex offender for “the longest term of imprisonment which could have been imposed for the offense ... of which the defendant was convicted” did not violate equal protection guarantees
Written by the judges who cited it.
The opinion
NEWMAN, J.
I dissent because I agree with views that Presiding Justice Gerald Brown articulated as follows when he wrote the opinion for the court of appeal in this case:
“The application of section 6316.1 solely to MDSOs who are amenable to treatment leads to some rather curious results. The MDSO who is not amenable to treatment and who is sentenced under regular court procedures for committing an unaggravated crime will receive the middle rather than the maximum term. Presumably the shorter period of confinement is adequate to protect against the recurrence of his conduct but not sufficient to effect a cure (People v. Feagley, supra, 14 Cal.3d 338, 376 [ 121 Cal.Rptr. 509 , 535 P.2d 373 ]). The amenable MDSO who is given the maximum term, is committed and recovers, is then returned to the courts for sentencing or other disposition, presumably could be required to serve the maximum term even though the crime committed was not an aggravated one.
“Is there a compelling state interest which justifies making the initial confinement period for the MDSO who is amenable to treatment longer than the MDSO who is not amenable to treatment or longer than the person who is not an MDSO? The People argue there is a compelling state interest in the protection of society and in the treatment of the *236 mentally disturbed. However, an MDSO not amenable to treatment is confined for a shorter period and, as noted earlier, is presumed able to function adequately in society at the end of that time; there is no reason to think an MDSO who is amenable to treatment would not make at least the same amount of progress in the same period of time. Since the length of the initial commitment is determined by the crime committed, not by the particular mental disturbance, there is no relationship between the maximum term and successful treatment. It is a violation of equal protection to require those declared as MDSOs amenable to treatment to serve the maximum term of confinement while other persons who commit precisely the same crime are confined only for the middle term.
“Likewise because the length of confinement of an MDSO is predicated on the particular crime committed rather than the mental condition involved, he must also be given the benefit of good time credit.
“The constitutional infirmity of the statute arises because the length of the initial term is based on the crime committed and all persons convicted of the same crime must be given the same term of confinement. This is not to say, however, that the state does not have an interest in protecting society and in treating its mentally disordered citizens and cannot in pursuit of these aims have the length of the term depend on treatment. (See, People v. Superior Court (Rigg) 80 Cal.App.3d 407, 414 [ 145 Cal.Rptr. 711 ].) This in effect is what now happens since an MDSO after the appropriate due process procedures may have his term extended beyond the initial term (Welf. & Inst. Code, § 6316.2). The determination here that part of the MDSO procedure is unconstitutional will, in practice, make little change as far as the system is concerned. Here assuming there were no aggravating circumstances, Saffell should have been given a five-year rather than a six-year term with the opportunity of reducing the term of his confinement by one-third through good behavior (Pen. Code, §§ 2931, 2932). However, at least every six months the superintendent of the facility must make a report on his progress (Welf. & Inst. Code, § 6317). If he has recovered before the five years has passed he should be returned to the court for sentencing with credit for the time spent committed as an MDSO (Welf. & Inst. Code, § 6325); if at the end of his initial period of confinement he still presents a threat of harm his commitment can be extended. (Welf. & Inst. Code, § 6316.2; see, In re Moye, 22 Cal.3d 457, 464 [ 149 Cal.Rptr. 491 , 584 P.2d 1097 ].) Thus, an MDSO who does not improve can be held as long as it is necessary for *237 treatment to be effective or for a determination that further treatment is futile.”
Bird, C. J., concurred in the views of Presiding Justice Gerald Brown as expressed in the opinion issued by the Court of Appeal and reprinted above.