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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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Old 01-16-2009, 01:48 PM
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JJJJfam JJJJfam is offline
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Exclamation Forensic Patients Rights at State Mental Hospital?

I have recently found out that it is not uncommon for an inmate sent to a State Mental facility to be held past their parole date, even if they are stable.
I need anyone's input or experience please. And if they try to keep them longer than their parole date, what are the rights of the inmate or their family members? Are there any rights to appeal the decision?

Also, if an inmate is kept longer than 90 days, does that mean they won't be reviewed for release for a whole year later?

Thank you in advance.
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Old 01-16-2009, 02:38 PM
Gryphon Gryphon is offline
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There's a civil commitment that can dovetail into the criminal commitment, so that the inmate is held beyong the parole date.
There have been cases where an inamte was held too long and the procedures for civil commitment weren't done. I've won a Writ of Habeus Corpus and secured release on more than one occasion.
There are statutory procedures regulating how inmates are to be held and when they can return to court to challenge hospital commitments. In addition, there's the right to bring a Writ of Habeus Corpus.

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Originally Posted by JJJJfam View Post
I have recently found out that it is not uncommon for an inmate sent to a State Mental facility to be held past their parole date, even if they are stable.
I need anyone's input or experience please. And if they try to keep them longer than their parole date, what are the rights of the inmate or their family members? Are there any rights to appeal the decision?

Also, if an inmate is kept longer than 90 days, does that mean they won't be reviewed for release for a whole year later?

Thank you in advance.
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