CALCRIM No. 3459

Dangerous to Self or Others (Welf. & Inst. Code, § 6500)

The petition alleges that <insert name of respondent> is a

person with a developmental disability who is dangerous to (him/her) self

or others.

To prove this allegation, the People must prove beyond a reasonable

doubt that at the time of the hearing:

1. <insert name of respondent> has a developmental

disability;

2. <insert name of respondent> is dangerous to (him/

her) self or others;

AND

3. <insert name of respondent>’s developmental

disability is a substantial factor causing (him/her) to have serious

difficulty controlling dangerous behavior.

A developmental disability is a disability that 1) originates before the

person’s 18th birthday; 2) continues, or can be expected to continue,

indefinitely; and 3) is a substantial impairment for the person.

[A developmental disability includes (intellectual disability/[,] cerebral

palsy/[,] epilepsy/[,] [and] autism).] [A developmental disability [also]

includes disabling conditions that are closely related to intellectual

disability or that require similar treatment for individuals with an

intellectual disability.]

[A developmental disability does not include other disabling conditions

that are solely physical in nature.]

[Dangerous to self or others includes a finding of incompetence to stand

trial when the person has been charged with <insert felony

offense(s) listed in Welf. & Inst. Code, § 6500(a)(1), including any applicable

descriptive factor(s)>.]

[Dangerous to self or others requires proof of current dangerousness and

cannot be based solely on the charges filed against the person and the

person’s incompetence to stand trial.]

[Dangerous to self or others does not require proof of a recent overt act

while in the care and treatment of a state hospital, developmental

facility, or other facility.]

Y ou will receive [a] verdict form[s] on which to indicate your finding of

whether the allegation that <insert name of respondent> is a

person with a developmental disability who is dangerous to (him/her) self

or others is true or not true. To find the allegation true or not true, all of

you must agree. Y ou may not find the allegation to be true unless all of

you agree the People have proved it beyond a reasonable doubt.

New February 2026