California, United States of America
The following excerpt is from People v. ArcIGA, 182 Cal.App.3d 991, 227 Cal.Rptr. 611 (Cal. App. 1986):
However, the trial court's authority to conduct the review "is not unfettered." (People v. Morgan (1971) 21 Cal.App.3d 33, 39, 98 Cal.Rptr. 165.) Generally, the expert judgment is free from attack unless the facts upon which it depends are shown to be nonexistent or have no legal relevance to the patient-inmate's fitness to remain in the program. "Once it is established that relevant reasons in fact exist the question of whether or not they are so serious as to require rejection from the program is for the Director and not for the court." (People v. Toscano (1977) 69 Cal.App.3d 140, 152, 137 Cal.Rptr. 893.)
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