What factors are considered to be relevant in determining whether a patient with a long-term mental disorder is no longer in remission?

California, United States of America


The following excerpt is from People v. C.B., 2d Crim. No. B299191 (Cal. App. 2019):

Here the long-term mental disorder is not in remission, appellant lacks insight about his mental disorder or need for treatment, appellant has a history of substance abuse and violence, and has no discharge or relapse plan. Appellant has engaged in acts of violence when symptomatic and had an incident in 2017 with a female nurse. Appellant asserts that he did not assault anyone in a strictly controlled hospital environment but that "does not prove he no longer suffers from a mental disorder that poses a [substantial risk of harm] to others." (People v. Sumahit (2005) 128 Cal.App.4th 347, 3653.) "Penal

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