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California PC 1026.2, if defendant is released to CONREP before

Resolved Question:

California PC 1026.2, if defendant is released to CONREP before maximum commitment date, can the DA still force defendant to serve remaining time?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Ely replied 4 years ago.
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The DA can't make the defendant do more time - the prison can. Early release in CA is under administrative parole hearings, as defined in 1026.2. If the defendant is released to CONREP early, it is up to the state's correctional organization to determine if he should serve all time, or less of it. Makes sense?

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Customer: replied 4 years ago.

The defendant has petitioned the court and is granted a hearing to determine CONREP release. It's my understanding that would first require that the defendant be determined no longer insane and not a danger. I noticed on the state hospital doctor's assessment of the defendant the DA was cc'd. If defendant is determined no longer insane the DA cannot bring those charges back up? Because I know CONREP time does not count towards time served. Also, does the judge have to grant outside (private sector) doctor's assessment if the defendant requests it? Cause we all know those good doctors in the state hospital just want the best for THEIR patients.

Expert:  Ely replied 4 years ago.
The DA can bring the charges up IF the defendant is no longer insane, correct, but in practice, they rarely do. And yes, the DEFENDANT can request a private assessment via Motion in front of the Judge. :)

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86564
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 10 other Criminal Law Specialists are ready to help you

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