Restoration of Sanity Petitions in California
When a criminal conviction is made in relation to a mentally ill individual, the laws of governance will differ from those typically used in criminal defense cases. When a mentally ill individual has been found not guilty by reason of insanity they are typical sent to a state run mental hospital for rehabilitation. That person will typically not be released from the hospital until sanity has been restored.
Additionally, sanity hearings can be held to determine to someone facing criminal charges is competent to stand trial. A mentally ill person can only face criminal charges in court if they can both understand the nature of the proceedings against them and aid the attorney in the defense of their case. If either of these things are not true then criminal proceedings must be suspended until competency is restored.
Because instances of insanity have been known to be both long lasting as well as temporary, it is important to secure legal defense attorneys that understand the complexities of the various mental health related issues that may arise.
How Do I Petition for Restoration of Sanity?
One of our experienced mental health attorneys can assist in the presentation of your case before the courts. Here, your overall well being and mental health will be assessed in order to ensure that you are of no danger to the community due to any sort of mental disease, defect, or disorder. Upon success at this level, you may then be allowed to attend daily outpatient programs as a functioning member of society.
The procedure for restoration of sanity can include the following process:
- After 180 days in a state hospital, the patient may petition the court for restoration of sanity by providing evidence that his or her mental health disorder is no longer a threat to the safety and health of others.
- Once the petition is filed, a forensic evaluator will assess the patient and submit a report on the patient’s mental health risk.
- The court will then hold a hearing to decide whether the patient is still considered a danger to the safety of others if he/she were to be released.
- If the court rules in favor of the patient, they can be transferred to a condition release program (CONREP) for outpatient treatment for up to year, or until the CONREP director recommends an earlier release.
- Once released by CONREP, a court hearing will occur and the patient will be evaluated again by a team of experts to determine if they can be released to the community unconditionally.
We Understand Complex Mental Health Cases
In order to be released into the community, even under the observation/ supervision of a forensic treatment center, you will need skillful legal representation on your side. It can be difficult to prove that your sanity has been restored. However, a Southern California mental health lawyer from our firm may be able to help you achieve a court ruling that will ease the conditions of your current civil commitment.
With an attorney from Lessem & Newstat, LLP by your side you will have an attorney that understands the complex mental health issues relating to your situation and who will work with you to achieve the outcome you are looking for. .
Contact a Southern California mental health attorney from our firm to help you prove that a restoration of sanity has been achieved since the time of your initial court ruling.
