People v. Angeletakis

In People v. Angeletakis (1992) 5 Cal.App.4th 963, the Court of Appeal held an NGI defendant involuntarily committed under Penal Code section 1026.5 had no due process right to be mentally competent during a hearing to extend his commitment. Penal Code section 1026.5, subdivision (a), allows for the involuntary commitment of defendants acquitted of their crimes by reason of insanity. Subdivision (b) of section 1026.5 authorizes recommitment beyond the maximum term authorized for their crime only after a recommitment hearing and a finding by the court that the NGI defendant poses a substantial danger of physical harm to others by reason of a mental disease, defect or disorder The court explained: "The interests of a person facing a commitment extension are adequately protected by competent counsel and other procedural safeguards afforded him or her. Requiring the court to suspend proceedings until the committee is able to understand the nature of the proceedings and assist in the conduct of his 'defense' adds minimal protection in this context, especially when balanced against the administrative burdens involved." (Angeletakis, at pp. 970-971.)