People v. Watson

171 P.3d 1101, 68 Cal. Rptr. 3d 769, 42 Cal. 4th 822, 2007 Cal. LEXIS 14280
CourtCalifornia Supreme Court
DecidedDecember 17, 2007
DocketS131052
StatusPublished
Cited by30 cases

This text of 171 P.3d 1101 (People v. Watson) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Watson, 171 P.3d 1101, 68 Cal. Rptr. 3d 769, 42 Cal. 4th 822, 2007 Cal. LEXIS 14280 (Cal. 2007).

Opinion

Opinion

GEORGE, C. J.

Penal Code section 2684 1 provides for the transfer of a mentally ill prisoner to a state hospital under the jurisdiction of the State Department of Mental Health if it is determined that such a transfer would expedite the prisoner’s rehabilitation. A prisoner transferred pursuant to this statute is to remain in the state hospital “until in the opinion of the superintendent [of the hospital] the person has been treated to the extent that he or she will not benefit from further care and treatment in the state hospital.” (§ 2684.) In the present case we must decide whether a person transferred from a state prison to Atascadero State Hospital (Atascadero) for acute mental health treatment pursuant to section 2684 is subject to prosecution under section 4501.5, which provides that any person “confined in a state prison” who commits a battery upon a nonprisoner is guilty of a felony. Section 4504 defines a person “confined in a ‘state prison’ ” as an inmate confined in certain prisons specified in section 5003, which list does not include Atascadero, as well as a person who, at the time of the offense, is “temporarily outside the walls or bounds of the prison.” (§ 4504, subds. (a), (b).)

For the reasons set forth below, we conclude that a prisoner transferred to Atascadero pursuant to section 2684 is a person “confined in a state prison,” *825 because such a prisoner is “temporarily outside the walls or bounds of the prison” within the meaning of that phrase as defined by section 4504, subdivision (b). Therefore, a section 2684 transferee is subject to prosecution for battery under section 4501.5 and to the increased punishment provided upon conviction under that statute. Accordingly, we reverse the Court of Appeal’s decision to the contrary.

I

The facts underlying this case are not in dispute. While serving a prison sentence, defendant Joey R. Watson was transferred from a state prison to Atascadero for mental health care treatment pursuant to section 2684. 2 During the admissions process at Atascadero, a registered nurse directed defendant to shower and get dressed. Upon leaving the shower, defendant lunged at the nurse and struck him in the face two or three times.

Defendant pleaded no contest to the offense of committing battery by a prisoner on a nonconfined person, in violation of section 4501.5, and admitted one prior serious or violent felony conviction within the meaning of California’s “Three Strikes” law. (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i).) He was sentenced to four years in state prison. The appellate court reversed the judgment, holding that it was legally impossible for defendant to have violated section 4501.5, because he had been transferred from prison to Atascadero and thus no longer was “confined in a state prison.” In response to the People’s petition for rehearing, the Court of Appeal acknowledged two Department of Corrections and Rehabilitation, Division of Adult Operations regulations that conflicted with the court’s interpretation of sections 2684 and 4504, subdivision (b), the latter of which section sets forth the relevant definition of the phrase “ ‘confined in’ a prison.” The appellate court, although concluding that deference to these regulations was unwarranted, modified the opinion to acknowledge but reject this regulatory authority, and thereafter denied plaintiff’s petition for rehearing.

It is questionable whether defendant’s claim is cognizable after a no contest plea. (§ 1237.5; People v. Padfield (1982) 136 Cal.App.3d 218, 227 [185 Cal.Rptr. 903].) 3 However, review in this court was sought and granted solely on the issue of whether an inmate who is under a prison sentence and *826 who has been transferred to a state hospital pursuant to section 2684 is subject to punishment under section 4501.5. Accordingly, because the foundational issue of appealability is not before us, we decide only the substantive issue presented.

II

Although the crime of battery frequently constitutes a misdemeanor, section 4501.5 makes it a felony for any person confined in a state prison to commit a battery upon a nonprisoner. 4 The term “confined in a state prison” is defined by section 4504. Section 4504, subdivision (a) provides, in relevant part, that a “person is deemed confined in a ‘state prison’ if he is confined in any of the prisons and institutions specified in Section 5003 by order made pursuant to law . . . .” Section 5003, in turn, provides that the Department of Corrections and Rehabilitation has jurisdiction over specified prisons and institutions. 5 Atascadero is not included among the prisons and institutions listed in section 5003. Section 4504, subdivision (b) provides that a person *827 also is deemed “confined in” a prison if “at the time of the offense, he is temporarily outside its walls or bounds for the purpose of serving on a work detail or for the purpose of confinement in a local correctional institution pending trial or for any other purpose for which a prisoner may be allowed temporarily outside the walls or bounds of the prison, but a prisoner who has been released on parole is not deemed ‘confined in’ a prison for purposes of this chapter.” (Italics added.)

Additionally, the term “prison” is defined in section 6082, which states that with reference to statutes commencing with section 4500, the word “prisons” refers to “hospitals and institutions for the confinement, treatment, employment, training and discipline of persons in the legal custody of the Department of Corrections.”

Defendant was serving a prison sentence under a judgment committing him to the custody of the Department of Corrections and Rehabilitation for a term of years, but was transferred to Atascadero pursuant to section 2684, which provides for the transfer of mentally ill prisoners to state hospitals. Specifically, section 2684, subdivision (a) states; “If, in the opinion of the Director of Corrections, the rehabilitation of any mentally ill, mentally deficient, or insane person confined in a state prison may be expedited by treatment at any one of the state hospitals under the jurisdiction of the State Department of Mental Health or the State Department of Developmental Services, the Director of Corrections, with the approval of the Board of Prison Terms for persons sentenced pursuant to subdivision (b) of Section 1168, shall certify that fact to the director of the appropriate department who shall evaluate the prisoner to determine if he or she would benefit from care and treatment in a state hospital. If the director of the appropriate department so determines, the superintendent of the hospital shall receive the prisoner and keep him or her until in the opinion of the superintendent the person has been treated to the extent that he or she will not benefit from further care and treatment in the state hospital.”

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Cite This Page — Counsel Stack

Bluebook (online)
171 P.3d 1101, 68 Cal. Rptr. 3d 769, 42 Cal. 4th 822, 2007 Cal. LEXIS 14280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-watson-cal-2007.