A bill to amend title 18 to limit the insanity defense.

Summary

Title I: Amends the Federal criminal code to prohibit mental condition from being a defense to any charge of criminal conduct. Allows admission of expert evidence on the issue of state of mind when it is an element of the offense. Title II: Authorizes a verdict of "guilty but mentally ill" for any criminal defendant who raises the issue of insanity by notice as provided by Rule 12 of the Federal Rules of Criminal Procedure. Provides that if the defendant is found "guilty but mentally ill" the court may commit the defendant to serve all or a portion of the sentence in a suitable facility for treatment of his mental condition. Allows for transfer to a Federal prison when the defendant is no longer in need of custody, care or treatment. Provides that if the defendant is found not guilty, but the court determines that he is presently suffering from a mental condition where his release would create substantial danger to himself or another, then the court may commit him to custody of the appropriate State or to a suitable mental health facility. Requires the court to order the discharge of such a defendant upon recovery from his mental condition.

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1 official file

• Introduced in House

  summary · EN · 23 June 1982

  Open at official source

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