People v. Superior Court (Myers)

In People v. Superior Court (Myers) (1996) 50 Cal.App.4th 826, the court noted that "the Legislature has expressly provided that an MDO 'hearing shall be a civil hearing' ( 2966, subd. (b), 2972, subd. (a), ) thereby indicating that when a petition is filed against a person it intends that the court proceed in a nonpunitive, noncriminal manner." The court, however, recognized the civil label is not dispositive. "Where a defendant provides ' "the clearest proof" ' that the ' "statutory scheme is so punitive either in purpose or effect" ' the proceeding must be considered criminal. " The Myers court found that "the MDO provisions are neither punitive in purpose nor effect and their procedural safeguards do not require us to transform the hearing into a criminal trial. " In reaching this conclusion, the court noted that "the purpose of the MDO statutory scheme is to provide mental health treatment for those offenders who are suffering from presently severe mental illness, not to punish them for their past offenses." Myers, supra, 50 Cal. App. 4th 826, 837.