California, United States of America
The following excerpt is from People v. Miller, H038842 (Cal. App. 2013):
Section 1606 does not specify the standard of proof required at an annual outpatient status review hearing, nor does it specify whether the burden of proof is on the prosecution or the defendant. However, one court has indicated that the defendant has the burden of proving that he should be unconditionally released, by a preponderance of the evidence, because "the outpatient release procedure is an integral part of the restoration of sanity procedure stated in section 1026.2." (People v. Sword (1994) 29 Cal.App.4th 614, 621.)
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