Does a defendant who has been found guilty of a criminal offence by reason of reason of insanity have to serve a reduced sentence?

California, United States of America

The following excerpt is from People v. Smith, 185 Cal.Rptr.3d 68, 234 Cal.App.4th 1460 (Cal. App. 2015):

offenders of statutes lessening the punishment for a particular offense. (Id. at p. 546, 114 Cal.Rptr. 97, 522 P.2d 657.) Neither did In re Moye (1978) 22 Cal.3d 457, 463467, 149 Cal.Rptr. 491, 584 P.2d 1097, (superseded by statute as stated in Hudec v. Superior Court (2015) 60 Cal.4th 815, 821822, 181 Cal.Rptr.3d 748, 339 P.3d 998 [equal protection principles mandated that individuals acquitted by reason of insanity be released after they had been committed for a period of time equal to the maximum state prison sentence which they could have received for the underlying offense] ).

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Does a defendant who has been found guilty of a criminal offence by reason of reason of insanity have to serve a reduced sentence?

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