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Jones (D) was arrested for attempting to steal a jacket from a department store. D plead guilty by reason of insanity. He was committed to a mental hospital under the D.C. Codes. D was entitled to a 50-day hearing. That was granted, but he was found to be a threat to society and himself. A second release hearing was held on February 22, 1977, more than one year after hospitalization. The maximum time he could have been incarcerated for the crime would have been one year. Because of this D demanded that he be released unconditionally or recommitted pursuant to the civil standards by a jury trial and proof by clear and convincing evidence of his mental illness and dangerousness. That request was denied. The court of appeals affirmed, and the Supreme Court granted certiorari.

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