19 Sep State Status Comparison Presentation
State Status Comparison Presentation
Damion Barton, Amber Cowens, Tolanda Fountain, Anita Hartwig, Sharon Kotal, Dionne Russell,
University of Phoenix
CPSS/413
Tracy Newman
September 12, 2022
CONTENT
Identify which states are being compared.
Describe the different laws that pertain to the insanity defense.
Differentiate between the terms of competency to stand trial, insanity, and diminished capacity in each state’s statutes.
Describe civil commitment. What is necessary to be civilly committed in each state?
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Overview
ILLINOIS MISSOURI CALIFORNIA
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California Laws Pertaining to the Insanity Defense
Legal defense of insanity (State of California this mean you cannot be found guilty of the crime if legally insane
California insanity defense you are considered legally insane
If you do not acknowledge that it is a crime
If you completely do not understand what you did was evil/wrongful
California Laws Pertaining to the Insanity Defense
Penal Code – 1026
If the defendant pleads not guilty because of insanity they must be tried for their crimes. If they are found guilty, then the question must be answered if they were sane or not.
A defendant who pleads not guilty for the reason of insanity must be tried for their crimes first. If they are found guilty, then the question is if they were sane or not at the time of the crimes. If they are discovered insane, they are committed to the State Department of State Hospitals for care and treatment. Before they are engaged, the hospital’s program director must evaluate the defendant and submit it to the court within 15 days. Every six months after they are saved, they are again assessed, and another report is sent to the courts for the defendant’s progress. (California Legislative Information, 2022)
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California’s Civil Commitment
CALIF. WELF. & INST. CODE § 5250 – A person who has been detained and evaluated may be certified for not more than 14 days of intensive treatment related to the mental disorder
CALIF. WELF. & INST. CODE § 5008(h)(1) – A condition in which a person, as a result of a mental disorder, is unable to provide for his or her basic personal needs for food, clothing, or shelter
CALIF. WELF. & INST. CODE § 5346(a) – A court may order a person to obtain assisted outpatient treatment
California’s Civil Commitment has three codes it must follow for proceedings, hospitalization, or inpatient/outpatient commitments.
One of the inpatient commitments is CALIF. WELF. & INST. CODE § 5250. A person cannot be detained for more than 14 days. The conditions for this are if someone who works at the facility has looked at the person’s needs and found that they have a mental disorder, chronic alcoholism, a danger to themselves and others, or are gravely disabled. The facility providing the treatment agrees to admit the person, and the person has been advised but is not willing or able to accept the treatment voluntarily. (Treatment Advocacy Center, 2020)
The other inpatient commitment is CALIF. WELF. & INST. CODE § 5008(h)(1). This is when a person is gravely disabled; they cannot provide for their basic personal needs or if they have been found mentally incompetent to stand trial on criminal charges. Other facts for the mentally incompetent are if any indictment or information against the defendant at the time of committed orders involves death, bodily harm, or a threat to themselves or another person. The accusation has not been dismissed in court. The person is unable to understand the indictment brought forth against them. (Treatment Advocac
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