In Re Jones

—In October 1956, petitioner Lewis Jones shot and killed his daughter. He was charged with murder in Fresno County. Incapable of cooperating in the preparation of a defense, he was committed to the Atascadero State Hospital, which is located in San Luis Obispo County. (Pen. Code, §1370.) In July 1958, he was found sufficiently sane to stand trial. On September 16, 1958, he was found not guilty by reason of insanity. The court further found that Jones had not fully recovered his sanity and, pursuant to the provisions of section Í026 of the Penal Code, directed that he be recon-fined at Atascadero “for the period prescribed by law and until he is legally discharged. ’ ’

Section 1026a of the Penal Code provides that a person committed under section 1026 may apply for release in the superior court in the county in which he is confined or in the county from which he was committed. No hearing on such an application is allowed until he shall have been confined for “not less than 90 days.” If such a hearing results in a finding “adverse to releasing such person” he may not file a further application until one year has elapsed from the last hearing.

On October 8, 1962, Jones appeared in…