People v. J. G.A.

93 Cal.App.5th 1126

311 Cal.Rptr.3d 525

The PEOPLE, Plaintiff and Respondent,

v.J. G.A., Defendant and Appellant.

A164980

Court of Appeal, First District, Division 3, California.

Filed July 25, 2023

Law Office of Jean F. Matulis, Jean F. Matulis, under appointment by the First District Appellate Project for Defendant and Appellant

Rob Bonta, Attorney General of California, Lance E. Winters, Chief Assistant Attorney General, Jeffrey M. Laurence, Senior Assistant Attorney General, Arthur P. Beever, Deputy Attorney General, and Lisa Ashley Ott, Deputy Attorney General, for Plaintiff and Respondent

Fujisaki, J. J. G.A. (G.A.) appeals from an order extending his commitment under Welfare and Institutions Code section 6500 et seq.,¹ which permits the involuntary commitment of persons with a developmental disability if they are found to be "a danger to self or others." ( § 6500, subd. (b)(1).) Among other things, G.A. contends (1) section 6500 violates due process because it allows a court to order a commitment without proof of a recent overt act; and (2) the evidence was insufficient to support the finding that he posed a danger to himself or others.

As both parties acknowledged during oral argument, under section 6500, subdivision (b)(1)(A), a commitment order expires on the one-year anniversary of the date of the commitment order. ( People v. Nolasco (2021) 67 Cal.App.5th 209, 218, 281 Cal.Rptr.3d 880.) As such, G.A.’s commitment order expired on April 1, 2023, and the matter is technically moot. This case, however, presents important and recurring issues of law concerning the applicability of due process principles to section 6500 and the sufficiency of evidence supporting a commitment. Accordingly, we will discuss these particular issues to provide guidance, then dismiss the appeal as moot. (See, e.g., People v. Sweeney (2009) 175 Cal.App.4th 210, 215, 225–226, 95 Cal.Rptr.3d 557 ( Sweeney ).)

For the reasons that follow, we conclude section 6500 does not violate due process by dispensing with the need for proof of a recent overt act of dangerousness. (See § 6500, subd. (b)(3).) We also conclude substantial evidence does not support the trial court's finding of G.A.’s danger to others because it was based on the testimony of an expert witness whose opinion relied on unsupported assumptions fact.

There is, however, significant ambiguity as to the meaning of the statutory term "danger to self." ( § 6500, subd. (b)(1).) At bottom, the question is an important one of statutory interpretation. But the parties have not adequately briefed the issue, and our legal research has found conflicting indicia of the Legislature's intent. Considering the seriousness of the civil liberty and safety interests at stake, we deem it best to leave construction of the statute to a future case with adequate briefing. To that end, we note our observations on these issues, with the contemplation that justice partners or community providers who may be interested in weighing in on these issues might provide their input as amici curiae in future proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

In 2001, the People charged G.A. with lewd acts with a child under 14 years old ( Pen. Code, § 288, subd. (a) ), sexual battery by restraint (id. , § 243.4, subd. (a)), and false imprisonment (id. , § 236 ). After finding G.A. incompetent to stand trial, the trial court suspended criminal proceedings pursuant to Penal Code section 1368 and committed G.A. to the Redwood Coast Regional Center pursuant to Penal Code section 1370.1. G.A. never regained competency, but he returned to the city where his parents lived and received services through the Redwood Coast Regional Center up until 2008.

In February 2010, the People filed a felony complaint charging G.A. with kidnapping with the intent to sexually assault, rape, annoy, or molest a child under the age of 10 years old ( Pen. Code, § 209, subd. (b) ), and sexual intercourse or sodomy with a child under the age of 10 years old ( id., § 288.7, subd. (a) ). After finding G.A. incompetent to stand trial, the trial court held a commitment hearing pursuant to section 6500 et seq. At that hearing, G.A. stipulated to the evidence presented and made no argument that the evidence failed to satisfy any constitutional or statutory requirements for commitment. Over the years leading up to the recommitment petition filed in 2020, G.A. submitted to various reports being considered as evidence and either explicitly or impliedly agreed with the extension of his commitment. Though G.A. challenged his 2020 recommitment, his appeal was dismissed as moot. ( People v. J. G.A. (Sept. 29, 2022, A162897) 2022 WL 4545230 [nonpub. opn.].)

In August 2021, the People filed the underlying petition to extend G.A.’s commitment. The People alleged that G.A. suffers from moderate developmental disability, that he represents a danger to himself or to others, and that he was charged with the aforementioned sex offenses in 2010.

A court trial on the petition was held in January 2021. At the beginning of the trial, counsel for G.A. moved to exclude any evidence that might violate People v. Sanchez (2016) 63 Cal.4th 665, 204 Cal.Rptr.3d 102, 374 P.3d 320 ( Sanchez ). The trial court indicated counsel should make any necessary objections when and if such evidence were proffered. The People moved for judicial notice of the charges filed against G.A. in 2001 and 2010, but the court deferred ruling on the motion. The following two witnesses were then called to testify.

Izaak Talamaivao is an employee at "Radiant Living" who has worked with G.A. weekly since 2017. According to Talamaivao, G.A. can care for his hygiene by himself, but he probably could not use a thermometer or call 911 in an emergency. G.A. can describe what is on a television screen but cannot remember it or fully grasp the content. G.A. does not know his own telephone number or address. Two to three years prior, G.A. wandered away from a gym and was found at a nearby bus stop without his caregiver.

Dr. Albert Kastl, a psychologist, testified that he evaluated G.A. in November 2021, and about eight previous times starting in 2001. When conducting his recent evaluation, Dr. Kastl reviewed prior reports and evaluations, including some from other providers. His testing of G.A.’s I.Q. resulted in a score of 42, which was similar to prior evaluations. This score indicated G.A. is very significantly impaired and has a "moderate intellectual disability," a fixed and untreatable diagnosis. Based on tests and interviews, Dr. Kastl opined that G.A. cannot perform basic daily skills without supervision and guidance, and that he is impulsive due to cognitive limitations and emotional factors. Dr. Kastl did not recall reviewing G.A.’s criminal records but was familiar with his criminal cases from reading unspecified documents. When asked if he was familiar with G.A.’s 2010 charges, Dr. Kastl responded affirmatively and stated those charges arose from G.A. allegedly offering two young girls money for sex and moving young girls from one area to another. Counsel for G.A. objected. The court overruled the objection but indicated it would consider only the testimony that Dr. Kastl was familiar with the 2010 charges.

Dr. Kastl concluded that G.A. poses a danger to himself because he is very impulsive; he is unable to modify his behavior in light of experience and unable to make social judgments; and he is at risk of wandering and being vulnerable to predatory people. Dr. Kastl also concluded that G.A. poses a danger to others, particularly children, because he "functions as a much younger individual" and is "unable to modulate ... impulses and feelings" and acts on them "whenever there is an opportunity." According to Dr. Kastl, G.A. needs constant supervision to prevent his access to children. When asked why he believed G.A. would pose a danger of acting sexually inappropriately with children, Dr. Kastl pointed to an incident sometime after 2010, during which G.A. sexually assaulted a female on a bus. Counsel for G.A. objected, and the court indicated it would not consider the testimony for the truth of the matter due to Sanchez . Dr. Kastl went on to testify that past behavior is the best predictor of behavior and that given G.A.’s past behavior and "inability to profit from experience," the only thing preventing the recurrence of prior behavior is supervision by another person.

When questioned if he ever asked G.A. about particular instances of inappropriate sexual behavior, Dr. Kastl indicated he had not because G.A. is incapable of communicating in that way, which he knew based on G.A.’s inability to respond to other questions. Dr. Kastl indicated that G.A.’s language is limited to a few phrases and single words, and that he is incapable of communicating, for example, why he left the gym during the incident described by Talamaivao. When asked if he was assuming the truth of the facts underlying the criminal charges against G.A., Dr. Kastl indicated he was.

After the hearing, the trial court invited and received supplemental briefs addressing the issues. On April 1, 2022, the court issued an oral ruling granting the petition to extend the commitment based on its findings that G.A. continues to have a developmental disability from which he will not recover, and that he continues to present a danger to himself and others because of his disability. In a written order filed the same day, the court indicated the commitment would expire on August 17, 2022. The court also indicated it was taking judicial notice of "Mendocino County cases 01-44124 and 10-10581," i.e., G.A.’s 2001 and 2010 cases. G.A. appealed.

DISCUSSION

Despite its mootness, we have retained this case to address G.A.’s contentions that (1) due process requires proof of a recent overt act to support a finding under section 6500 that a person with a developmental disability poses a danger to self or others; and (2) the evidence was insufficient...