Hudec

DISCUSSION

Persons found not guilty of a felony because of legal insanity may not be committed to a state hospital longer than the maximum state prison sentence that the trial court could have imposed for the underlying offense. (§ 1026.5, subd. (a).) The district attorney may petition to extend the commitment, however, if the person ―by reason of a mental disease, defect, or disorder represents a substantial danger of physical harm to others.‖ (§ 1026.5, subd. (b)(1).) The trial court must advise the person named in the petition of his or her rights to an attorney and to a jury trial, and that the rules of discovery in criminal cases apply (§ 1026.5, subd. (b)(3)). ―The court shall conduct a hearing on the petition for extended commitment. The trial shall be by jury unless waived by both the person and the prosecuting attorney.‖ (§ 1026.5, subd. (b)(4).) The issue in the current case concerns the scope of section 1026.5, subdivision (b)(7). The subsection provides: ―The person shall be entitled to the rights guaranteed under the federal and State Constitutions for criminal proceedings. All proceedings shall be in accordance with applicable constitutional guarantees.‖ Hudec…