NGI commitment: earliest hearing on application for restoration of sanity (180 days after commitment order)

180 days after date of the order of commitment (pen. code 1026), under Cal. Pen. Code 1026.2(d).

Rule text

(d) No hearing upon the application shall be allowed until the person committed has been confined or placed on outpatient status for a period of not less than 180 days from the date of the order of commitment.

Cal. Pen. Code 1026.2(d), official source

Calculate this deadline

Deadline
Thursday, May 6, 2027
  1. Trigger (Date of the order of commitment (Pen. Code 1026)): Friday, November 6, 2026.
  2. Exclude the trigger day and count 180 calendar days: Wednesday, May 5, 2027.
  3. The period includes its last day, so the earliest day to act is the next court day: Thursday, May 6, 2027.
Rules applied
Cal. Pen. Code 1026.2(d)
(d) No hearing upon the application shall be allowed until the person committed has been confined or placed on outpatient status for a period of not less than 180 days from the date of the order of commitment.
Official source
Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6804: "“Month” means a calendar month, unless otherwise expressed." Gov. Code 6806: "A day is the period of time between any midnight and the midnight following." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday."
Official source
  • EARLIEST hearing date. Court must give notice of the hearing to the prosecutor and others at least 15 judicial days in advance (1026.2(a), court duty, not modeled).
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date of the order of commitment (Pen. Code 1026) on Monday, March 15, 2027, personal service: due Monday, September 13, 2027.

  1. Trigger (Date of the order of commitment (Pen. Code 1026)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 180 calendar days: Saturday, September 11, 2027.
  3. That day is a Saturday, but this date is fixed by the rule and does not move: Saturday, September 11, 2027.
  4. The period includes its last day, so the earliest day to act is the next court day: Monday, September 13, 2027.

Notes

EARLIEST hearing date. Court must give notice of the hearing to the prosecutor and others at least 15 judicial days in advance (1026.2(a), court duty, not modeled).

Related deadlines

All California criminal deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.