5170.01
1995

Conditional Release Program (CONREP)

© Disability Rights California, 1995

How do they put me in the CONREP program?

The director of the state hospital or treatment: facility first recommends to the court that you are no longer dangerous and should be placed on outpatient status. The court then holds a hearing and decides whether to grant outpatient status.

If you are a Mentally Disordered Offender (MDO), you are placed in CONREP by the Board of Prison Terms instead of the court

If you are committed to the hospital as Not Guilty By Reason of Insanity (NGI) you can also be placed in CONREP by filing a petition for restoration of sanity and winning at the hearing

If you are committed to the hospital as Not Guilty By Reason of Insanity (NGI) or Incompetent to Stand Trial (IST) because of a serious felony, you must first spend six months in the state hospital before you are able to get into CONREP.

How do I get released from CONREP?

CONREP commitment lasts for one year. After one year, the court hold a hearing to decide whether to continue the CONREP outpatient treatment, put you back in the hospital or release you from CONREP. This hearing is automatically scheduled every year.

If you are committed to the hospital by Not Guilty By Reason of Insanity (NGI). Every twelve months you may ask for release by making a petition to the court for complete restoration of sanity. The court will then decide if you can be released based upon whether you are no longer dangerous to others due to mental defect, disease, or disorder. A restoration of sanity petition may be made by a patient only once every 12 months.

If you are committed to the hospital as or Incompetent to Stand Trial (IST), you can ask for release by filing a writ of habeas corpus that states you have regained your competency to stand trial. If the court finds that you are competent, you can be released on bail or your own recognizance to face criminal charges.

How long can I be kept on CONREP?

Each year the court decides whether or not to continue you on CONREP. The court can decide to continue your CONREP status indefinitely depending on your local status, unless you ask and win a court hearing for release.

When and how can they put me back in the hospital?

The CONREP director can ask the court to put you back in the hospital if he/she thinks that you need long-term hospital treatment or if you are not accepting the required treatment and supervision.

The county prosecutor can also ask the court to put you back in the hospital if he/she believes that you are dangerous to others in the community.

When the court receives such a request from either the CONREP director or prosecutor, it holds a hearing on whether or not to put you back in the hospital and revoke your CONREP outpatient status.

If you are committed as Not Guilty By Reason of Insanity (NGI), and are put back into the hospital following the revocation of your CONREP status, you lose the credit time from your outpatient treatment, so you may have to be on outpatient treatment one more year before you can go to court for a complete release from commitment and "full restoration of sanity."

Can I be put in the hospital or jail without a court hearing?

Yes. The CONREP director may put you in a hospital if he/she decides that you are dangerous. However, a full revocation hearing must follow.

You may also be put in jail, but only if the jail provides you with treatment and adequate security and safety for you and the other inmates. You must be housed separately from the general population of the jail. The CONREP director must make a written application to the court within one day stating the reason why the jail is appropriate housing for you. You have a right to file a writ of habeas corpus to protest your confinement to a jail.

If I am committed as Not Guilty by Reason of Insanity (NGI), does CONREP count toward fulfilling my maximum commitment term?

No. The time spent in the CONREP program does not count toward fulfilling your maximum commitment. If you are put in the hospital after being in CONREP, your time in this outpatient program does not count toward fulfilling your maximum commitment term.

What is CONREP?

CONREP is a statewide program of outpatient treatment services in local communities with court supervision.

Under this program, the local CONREP director and the court decide what kind of treatment you are to receive. You must sign a treatment contract and meet its conditions. These conditions may include surprise home visits and searches, weekly drug screenings, restrictions on travel and required mental health treatment.

You may be placed in CONREP if you have been found:

*Not Guilty By Reason of Insanity;

*Incompetent to Stand Trial; or are a

*Mentally Disordered Offender

All not Guilty By Reason of Insanity defendants must be placed in CONREP for one year before they can be unconditionally released and "restored to sanity," unless the CONREP director recommends and earlier release.