A bill to reform the insanity defense.

Summary

Amends the Federal criminal code to authorize a new plea of "guilty but insane" for any criminal defendant whose actions constitute all necessary elements of the offense charged but who lacks the requisite state of mind as a result of mental disease or defect. Adopts the current notice provisions for a defense of insanity for the new plea of "guilty but insane". Permits the court in a non- jury trial to find a defendant guilty but insane. Requires the court in any such case to hold a hearing to determine the present mental condition of the convicted person. Directs the court to commit such person to the custody of the Attorney General upon a finding that the person is presently suffering from a mental disease or defect. Directs the Attorney General to hospitalize such person in a suitable facility. Requires certification by the director of the facility that such person is no longer in need of custody or treatment. Directs the court to order the discharge of a person who is found to have recovered, and his reimprisonment for the remainder of his sentence. Provides for the hospitalization of persons found guilty, imprisoned persons, and persons due for release who are found to suffer from mental disease or defect.

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1 official file

• Introduced in House

  summary · EN · 13 July 1982

  Open at official source

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