In Re Detention of Stewart Franklin Schuman

Summary

The court converted the State’s attempted appeal into a petition for a writ of certiorari because the transitional-release order was not a final, directly appealable decision. On the merits, it held that Schuman was statutorily ineligible for transitional release because his CCUSO treatment provider had not accepted his relapse prevention plan, and the district court could not substitute its judgment for CCUSO’s treatment and placement decisions. The court also rejected Schuman’s substantive due process claims because the record showed no arbitrary or bad-faith conduct and no fundamental right to a less restrictive treatment placement.