Insanity Defense Limitation Act of 1982

Summary

Insanity Defense Limitation Act of 1982 - Amends the Federal criminal code to make it an affirmative defense to a Federal prosecution that the defendant, as a result of mental disease or defect, lacked the ability to understand the nature and quality of the act or lacked the ability to distinquish right and wrong with respect to the act. Places the burden of proof of insanity on the defendant. Requires that any person found not guilty only by reason of insanity be committed to a facility until eligible for release. Requires the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is currently suffering from a mental disease or defect and his release would create a substantial danger to himself or herself or another person or serious damage to property of another. Directs the Attorney General to release such person to a mental hospital or other suitable facility. Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create a substantial danger. Directs the court to order the discharge of a person who is found to have recovered. Provides for a special verdict of "guilty but mentally ill." Directs the Attorney General to take action to assure that a person found guilty but mentally ill receives appropriate treatment for any mental illness occurring during the term of such sentence.

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1 official file

• Introduced in House

  summary · EN · 21 July 1982

  Open at official source

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