The Court of Appeal holds defendant’s continued commitment as NGI justified given current diagnoses of anti-social personality disorder and substance abuse disorder, and failure to engage in drug treatment. The court finds no equal protection violation where a personality disorder may be the basis for a continued commitment as NGI but not as an offender with a mental health disorder (OMHD, formerly MDO) because the groups are similarly treated in that the focus of the inquiry is on the individual’s danger to others as a result of a mental disorder.
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