In People v. Foster, the Supreme Court today holds that a defendant who was involuntarily committed and recommitted for mental health treatment under the Mentally Disordered Offender Act following a felony conviction cannot challenge his recommitment after the felony is reduced to a misdemeanor under Proposition 47. Proposition 47 is the 2014 initiative that reduces punishment and allows resentencing for certain crimes. It has kept the court very busy. (See, e.g., here.)
The court’s unanimous opinion by Justice Goodwin Liu recognizes that the defendant, “if he had committed his theft offense today, would not be eligible for initial commitment as an MDO,” because that offense is no longer a felony. However, because the commitment “was legally sound at the time the determination was made” and is no longer subject to challenge, the defendant “is no different than any defendant seeking to apply a felony redesignation to ameliorate a collateral consequence that already became final before Proposition 47 took effect.” The opinion also rejects an equal protection attack on the defendant’s recommitment.
The court affirms the Fourth District, Division One, Court of Appeal.