California, United States of America
The following excerpt is from People v. Baker, 210 Cal.App.3d 681, 258 Cal.Rptr. 621 (Cal. App. 1989):
Tarantino v. Superior Court, supra, 48 Cal.App.3d at page 470, 122 Cal.Rptr. 61, broadly states the section 1369 examination may not be used "in trial of the issue of petitioner's guilt, under either the plea of not guilty or that of not guilty by reason of insanity" without clarifying whether the immunity rule applied to the sanity phase.
13 If the defendant is found not guilty by reason of insanity, he is deemed not criminally responsible for the offense, but he may be confined to a mental hospital for treatment. (In re Moye (1978) 22 Cal.3d 457, 466, 149 Cal.Rptr. 491, 584 P.2d 1097; People v. Bodis (1985) 174 Cal.App.3d 435, 437, 220 Cal.Rptr. 57; 1026.)
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