McQuarters v. Super. Ct. 4/27/06 CA1/3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: A112669

Case Date: 07/26/2006

Preview:Filed 4/27/06

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE

ELTON MCQUARTERS, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Petitioner Elton McQuarters was convicted in 1991 of a felony violation of Penal Code section 245, subdivision (a)(2)1 and sentenced to 13 years imprisonment. He remains in state custody, ostensibly pursuant to the provisions of section 2970 et seq., that provide for the continued involuntary treatment of prisoners with a "severe mental disorder [which is] not in remission or cannot be kept in remission if the person's treatment is not continued, and that, by reason of his or her severe mental disorder, the prisoner represents a substantial danger of physical harm to others." (Ibid.) The law provides that a mentally disordered offender (MDO) may be recommitted. "Prior to the termination of a commitment under this section, a petition for recommitment may be filed to determine whether the patient's severe mental disorder is not in remission or cannot be kept in remission without treatment, and whether by reason of his or her severe mental disorder, the patient represents a substantial danger of physical harm to others." (

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