What is the current state of the law on the basis of a psychiatric opinion that a person with severe mental illness is dangerous to others?

California, United States of America


The following excerpt is from People v. Belin, E064815 (Cal. App. 2017):

in remission or cannot be kept in remission without treatment, and that by reason of his or her severe mental disorder, the patient represents a substantial danger of physical harm to others.'" (People v. Gregerson (2011) 202 Cal.App.4th 306, 314.)

A single opinion by a psychiatric expert that a person currently is dangerous due to a severe mental disorder can constitute substantial evidence to support extension of a commitment. (People v. Zapisek (2007) 147 Cal.App.4th 1151, 1165 [ 1026.5 commitment].) A trial court is "entitled to rely" on the expert testimony that a defendant continues "to act inappropriately based on delusions." (Id. at p. 1168.)

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