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California Penal Code Section 1026

Legal Research Home > California Laws > Penal Code > California Penal Code Section 1026

1026.  (a) When a defendant pleads not guilty by reason of insanity,
and also joins with it another plea or pleas, the defendant shall
first be tried as if only such other plea or pleas had been entered,
and in that trial the defendant shall be conclusively presumed to
have been sane at the time the offense is alleged to have been
committed. If the jury shall find the defendant guilty, or if the
defendant pleads only not guilty by reason of insanity, then the
question whether the defendant was sane or insane at the time the
offense was committed shall be promptly tried, either before the same
jury or before a new jury in the discretion of the court. In that
trial, the jury shall return a verdict either that the defendant was
sane at the time the offense was committed or was insane at the time
the offense was committed. If the verdict or finding is that the
defendant was sane at the time the offense was committed, the court
shall sentence the defendant as provided by law. If the verdict or
finding be that the defendant was insane at the time the offense was
committed, the court, unless it shall appear to the court that the
sanity of the defendant has been recovered fully, shall direct that
the defendant be confined in a state hospital for the care and
treatment of the mentally disordered or any other appropriate public
or private treatment facility approved by the community program
director, or the court may order the defendant placed on outpatient
status pursuant to Title 15 (commencing with Section 1600) of Part 2.
   (b) Prior to making the order directing that the defendant be
confined in a state hospital or other treatment facility or placed on
outpatient status, the court shall order the community program
director or a designee to evaluate the defendant and to submit to the
court within 15 judicial days of the order a written recommendation
as to whether the defendant should be placed on outpatient status or
confined in a state hospital or other treatment facility. No person
shall be admitted to a state hospital or other treatment facility or
placed on outpatient status under this section without having been
evaluated by the community program director or a designee. If,
however, it appears to the court that the sanity of the defendant has
been recovered fully, the defendant shall be remanded to the custody
of the sheriff until the issue of sanity shall have been finally
determined in the manner prescribed by law. A defendant committed to
a state hospital or other treatment facility or placed on outpatient
status pursuant to Title 15 (commencing with Section 1600) of Part 2
shall not be released from confinement, parole, or outpatient status
unless and until the court which committed the person shall, after
notice and hearing, find and determine that the person's sanity has
been restored. Nothing in this section shall prevent the transfer of
the patient from one state hospital to any other state hospital by
proper authority. Nothing in this section shall prevent the transfer
of the patient to a hospital in another state in the manner provided
in Section 4119 of the Welfare and Institutions Code.
   (c) If the defendant is committed or transferred to a state
hospital pursuant to this section, the court may, upon receiving the
written recommendation of the medical director of the state hospital
and the community program director that the defendant be transferred
to a public or private treatment facility approved by the community
program director, order the defendant transferred to that facility.
If the defendant is committed or transferred to a public or private
treatment facility approved by the community program director, the
court may, upon receiving the written recommendation of the community
program director, order the defendant transferred to a state
hospital or to another public or private treatment facility approved
by the community program director. Where either the defendant or the
prosecuting attorney chooses to contest either kind of order of
transfer, a petition may be filed in the court requesting a hearing
which shall be held if the court determines that sufficient grounds
exist. At that hearing, the prosecuting attorney or the defendant may
present evidence bearing on the order of transfer. The court shall
use the same procedures and standards of proof as used in conducting
probation revocation hearings pursuant to Section 1203.2.
   (d) Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the community program
director or a designee.
   (e) When the court, after considering the placement recommendation
of the community program director required in subdivision (b),
orders that the defendant be confined in a state hospital or other
public or private treatment facility, the court shall provide copies
of the following documents which shall be taken with the defendant to
the state hospital or other treatment facility where the defendant
is to be confined:
   (1) The commitment order, including a specification of the
charges.
   (2) A computation or statement setting forth the maximum term of
commitment in accordance with Section 1026.5.
   (3) A computation or statement setting forth the amount of credit
for time served, if any, to be deducted from the maximum term of
commitment.
   (4) State summary criminal history information.
   (5) Any arrest reports prepared by the police department or other
law enforcement agency.
   (6) Any court-ordered psychiatric examination or evaluation
reports.
   (7) The community program director's placement recommendation
report.
   (f) If the defendant is confined in a state hospital or other
treatment facility as an inpatient, the medical director of the
facility shall, at six-month intervals, submit a report in writing to
the court and the community program director of the county of
commitment, or a designee, setting forth the status and progress of
the defendant. The court shall transmit copies of these reports to
the prosecutor and defense counsel.
   (g) When directing that the defendant be confined in a state
hospital pursuant to subdivision (a), the court shall select the
state hospital in accordance with the policies established by the
State Department of State Hospitals.
   (h) For purposes of this section and Sections 1026.1 to 1026.6,
inclusive, "community program director" means the person, agency, or
entity designated by the State Department of State Hospitals pursuant
to Section 1605 of this code and Section 5709.8 of the Welfare and
Institutions Code.

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Last modified: March 17, 2014