In re Moye

In In re Moye (1978) 22 Cal.3d 457, the Court held: "Although section 1026a is silent regarding the appropriate standard for determining whether one's 'sanity' has been restored, we have recently held that the proper test 'is not whether the person committed is no longer legally insane, but whether he has improved to the extent that he is no longer a danger to the health and safety of others, including himself . . . .' . . . Persons committed under section 1026 may discharge this burden by establishing 'by a preponderance of the evidence, that they are no longer a danger to the health and safety of themselves or others.'"