In re Walkee

MOSK, J. This is a companion case to In re Marks, ante, p. 31 [77 Cal.Rptr. 1, 453 P.2d 441], also decided this day. With one crucial exception, the contentions are the same as those raised in Marks and are without merit for the reasons there stated. The exception, a challenge to the validity of the initial commitment for narcotics addiction, is meritorious and requires issuance of the writ of habeas corpus.

The present application was filed on behalf of Alyce Mae Walker (hereinafter called petitioner), currently confined in the California Rehabilitation Center under an order of-com[56]mitment as a “civil” narcotics addict. (Welf. & Inst. Code, § 3100 et seq.)' The circumstances of her commitment are as follows:

In the early morning- hours of April 18, 1967, petitioner, ill as a result of ing-esting sleeping pills and alcohol, Consulted her private physician. After an examination he gave her a handwritten note addressed “To Whom It May Concern” and dated “5/18/67 — 9 a.m., ” stating that she had used heroin and narcotic stimulants “on and off” since 1959 and was currently addicted to barbiturates and amphetamines, and that in his opinion it would be in her best interests if she were “committed for care to a state institution.” Petitioner then went directly to the Psychiatric Unit of the Los Angeles County General Hospital and requested such care.

The hospital authorities, however, referred her to the district attorney’s office. Thereafter matters proceeded swiftly. In the hours remaining of the same day, (1) the district attorney filed a petition in the superior court seeking to have petitioner committed to the California Rehabilitation Center as a narcotics addict (Welf. & Inst. Code, § 3100); (2) after consultation with a deputy public defender, petitioner signed a sweeping waiver of all her statutory rights; (3) a “hearing” was held at which no Witnesses were called and no evidence was taken; and (4) the court nevertheless “found” that petitioner was a narcotics addict and entered the order of commitment now challenged.

The record thus discloses that, contrary to the statutory requirements,1 the court did not order petitioner to “be examined by a physician or physicians” (Welf. & Inst. Code, § 3102) ; that a copy of the petition and order for examination were not “personally delivered” to petitioner “At least one day before the time of the [medical] examination” (Welf. & Inst. Code, §3103); that the court did not “appoint two medical examiners to examine the person alleged to be a narcotic addict,” and hence no report of such examination was “delivered to the court” (Welf. & Inst. Code, §3104); and that the court did not “set a time and place of hearing and cause notice thereof to be served” on petitioner (Welf. & Inst. Code, § 3104).