Commitment Designation Remains If Crime Drops to Misdemeanor

The state Mentally Disordered Offender Act requiring involuntary commitment continues to apply even if the underlying crime was reclassified from a felony to a misdemeanor, the California Supreme Court ruled.

The court Aug. 22 unanimously rejected defense arguments that voter-approved Proposition 47 allowing reclassification of crimes meant the involuntary commitment under an individual’s felony conviction was unlawful.

Prop. 47 was designed as a cost-saving measure and to alleviate overcrowded prisons, the state argued. The act is designed for mental health treatment and permits the Board of Parole Hearings to require mental health treatment as a condition of parole.

Under the ...