Following defendant's prosecution for false imprisonment of a child, finding of not guilty by reason of insanity, and commitment to a state hospital, the judgment of the court of appeal directing that the trial court grant defendant's motion to dismiss the petition for an extension of his commitment is reversed where: 1) the statutory deadline for filing an extension petition is directory, not mandatory, as long as the petition is filed before the expiration of the current commitment; 2) defendant was not entitled to a dismissal of the petition on due process grounds; and 3) upon motion, defendant would have been entitled under due process to release pending trial, subject to possible proceedings under the Lanterman-Petris-Short Act. However, defendant is not now eligible for release because the court retained jurisdiction to try him and he received a fair trial.