Can a defendant who was found insane at the time of the commissioning of a crime be released from a state hospital?

California, United States of America


The following excerpt is from People v. Mitchell, A137791 (Cal. App. 2014):

Section 1026 provides that the court may commit a defendant who is found insane at the time of the commission of an offense to a state hospital or certain public or private treatment facilities or the court may order the defendant placed on outpatient status pursuant to section 1600 et seq. ( 1026, subd. (a).) "A person may be released from a state hospital (1) upon restoration of sanity pursuant to the provisions of section 1026.2, (2) upon expiration of the maximum term of commitment under section 1026.5 [citation], or (3) upon approval of outpatient status pursuant to the provisions of section 1600 et seq. ( 1026.1.)" (People v. Sword (1994) 29 Cal.App.4th 614, 620 [Sword].) In order to be released on outpatient status, the director of the state hospital and the community program director must make a recommendation that the defendant is suitable for release,

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and the court must approve the recommendation after a hearing. (Ibid.) " 'Outpatient status is not a privilege given the [offender] to finish out his sentence in a less restricted setting; rather it is a discretionary form of treatment to be ordered by the committing court only if the medical experts who plan and provide treatment conclude that such treatment would benefit the [offender] and cause no undue hazard to the community.' " (Ibid., quoting People v. Wymer (1987) 192 Cal.App.3d 508, 513.)

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