Can a defendant who was committed to a state hospital because they had been found not guilty by reason of insanity be released from the hospital?

California, United States of America


The following excerpt is from People v. McDonough, G046021 (Cal. App. 2013):

"Appellant was committed to the state hospital because she had been found not guilty by reason of insanity. ( 1026, subd. (a).) An insanity acquittee committed to a state hospital may be released from the hospital as provided by section 1600 et seq. (People v. Soiu (2003) 106 Cal.App.4th 1191, 1194-1195; 1026.1, 1600.) Pursuant to section 1600 et seq. 'a defendant may be placed on outpatient status if the director of the state hospital and the community program director so recommend, and the trial court

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approves the recommendation after hearing. [Citation.]' [Citation.]" (People v. McDonough, supra, 196 Cal.App.4th at p. 1490.)

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