Can a defendant who was found not guilty of a crime by reason of insanity be released from a state hospital?

California, United States of America


The following excerpt is from People v. Hicks, F077993 (Cal. App. 2020):

A defendant found not guilty of a crime by reason of insanity may be released from a state hospital (1) "upon the ground that sanity has been restored[]" ( 1026.2, subd. (a)); (2) expiration of the maximum term of commitment, which is the "longest term of imprisonment which could have been imposed for the offense or offenses of which the person was convicted[]" ( 1026.5, subd. (a)(1)); or (3) approval of outpatient status pursuant to the provisions of section 1600 et seq. ( 1026.1, subd. (c)). (People v. Dobson (2008) 161 Cal.App.4th 1422, 1432.) Here, appellant sought to be released from NSH based on a petition for restoration of sanity under section 1026.2, the first method listed.

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