CALCRIM No. 3453

<insert name of respondent> has been committed to a

mental health facility. Y ou must decide whether (he/she) currently poses

a substantial danger of physical harm to 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 <insert name of

respondent>’s mental condition at any other time or whether (he/she) is

guilty of any crime.

To prove that <insert name of respondent> currently poses a

substantial danger of physical harm to others as a result of a mental

disease, defect, or disorder, the People must prove beyond a reasonable

doubt that:

1. (He/She) suffers from a mental disease, defect, or disorder;

AND

2. As a result of (his/her) mental disease, defect, or disorder, (he/

she) now:

a. Poses a substantial danger of physical harm to others;

AND

b. Has serious difficulty in controlling (his/her) dangerous

behavior.

[Control of a mental condition through medication is a defense to a

petition to extend commitment. To establish this defense,

<insert name of respondent> must prove by a preponderance of the

evidence that:

1. (He/She) no longer poses a substantial danger of physical harm to

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

her) mental condition;

AND

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

environment.

Proof by a preponderance of the evidence is a different burden of proof

from proof beyond a reasonable doubt. A fact is proved by a

preponderance of the evidence if you conclude that it is more likely than

not that the fact is true.]

New January 2006; Revised June 2007, December 2008, August 2015