CALCRIM No. 3452

The defendant was previously found not guilty of a crime and committed

to a mental health facility. Y ou must decide whether the defendant

currently poses a danger to the health and safety of others as a result of

a mental disease, defect, or disorder. That is the only purpose of this

proceeding. Y ou are not being asked to decide the defendant’s mental

condition at any other time or whether (he/she) is guilty of any crime.

<Alternative A—defendant’ s ability to continue unsupervised self-medication

not an issue>

[The law presumes that the defendant currently poses a danger to the

health and safety of others as a result of a mental disease, defect, or

disorder. In order to overcome this presumption, the defendant has the

burden of proving that it is more likely than not that (he/she) no longer

poses such a danger.]

<Alternative B—defendant’ s ability to continue unsupervised self-medication

an issue>

[The law presumes that the defendant currently poses a danger to the

health and safety of others as a result of a mental disease, defect, or

disorder. In order to overcome this presumption, the defendant has the

burden of proving that it is more likely than not that:

1. (He/She) is no longer a danger to the health and safety of others

because (he/she) is now taking prescribed medicine that controls

(his/her) mental condition;

AND

2. (He/She) will continue to take that medicine in an unsupervised

environment.]

New January 2006