I think I’ve been wrongly classified as a MDO. What can I do?

You can challenge the CDCR’s finding that you are a MDO, which means requesting a hearing before the BPH. If you challenge the finding, the BPH must do the following:

    Have you evaluated by two independent mental health professionals, AND
    Hold a hearing before a BPH commissioner.

At the hearing, the state will be required to prove “by a preponderance of evidence” (that it’s more likely than not) that you’re a MDO — specifically, that (1) you’ve been diagnosed with a serious mental illness that causes you to pose a substantial danger of physical harm to others, AND (2) you were sentenced to prison for a violent offense.[596] If you want a lawyer at the hearing, the state must provide one for free.[597]

What if, at this hearing, the BPH commissioner decides to agree with the CDCR’s finding that you are a MDO? You can challenge that decision by filing a petition in the local county superior court to demand a jury trial. If you request a trial, the BPH must provide you with (1) a petition form and (2) instructions for filing the petition. At trial, the state must prove “beyond a reasonable doubt” that you met the criteria of being classified as a MDO.[598] If you want a lawyer at trial, the state must provide one for free.

  1. 596

    Cal. Penal Code § 2966(a); 15 Cal. Code Regs. § 2576(b).

  2. 597

    15 Cal. Code Regs. § 2576(b)(4).

  3. 598

    Cal. Penal Code § 2966(a)-(b).