Marc Anthony Lowell Endsley v. California
DueProcess JusticiabilityDoctri
Due process protections for involuntarily civilly detained insanity acquittees
QUESTION(S) PRESENTED ; ee Whether persons involuntarily civilly detained as insanity acquittees are entitled to the due process protections constitutionally required for all other classes of persons involuntary civilly detained. 2. Whether persons involuntarily civilly detained as insanity acquittees can be subject to a : program of conditional release and accorded lesser protection of constitutional rights than convicted criminals subject to supervised release. 3. Whether persons released from involuntarily civil confinement to court-ordered . conditional release can be held in some other form of confinement (i.e., a "step-down" program) which is neither ordered by the court nor definéd in the law. 4. Whether persons involuntarily civilly detained as insanity acquittees can be required to participate in a program of conditional release which has subjected them to : "unconstitutional conditions" and retaliation. 5. Whether persons who no longer meet the criteria to be classified as insanity acquittees . and who are placed on conditional release can be subject to recommitment to a State hospital as insanity acquittees without the due process procedures required in civil ‘ commitment proceedings. : 6. Whether persons involuntarily civilly detained as insanity acquittees have a right to have ; the evaluations which form the bases for their court reports, which recommend either release or continued confinement, recorded as convicted criminals have a right to have their parole hearings recorded. 7, Whether the State's statutory scheme for continued confinement of persons involuntarily civilly detained as insanity acquittees can indefinitely withhold hearings and all associated due process procedures. :