A bill to reform the insanity defense and to establish a verdict of guilty but mentally ill.

Summary

Amends the Federal criminal code to make it a defense to a Federal prosecution that the defendant, as a result of mental disease or defect, lacked the state of mind required as an element of the offense (current law contains no statutory insanity defense). Transfers the burden of proof to the defendant to establish the defense of insanity by a preponderance of the evidence. 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. Requires that any person found guilty but mentally ill, be sentenced in the same manner as a defendant found guilty of the offense. Requires the court to commit such person to the custody of the Attorney General upon a finding by the 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 to the person or property of another. Requires the court to release such person or to hold a hearing, upon the certification by the director of the facility that such person's release will no longer create significant risk of injury or property damage. Directs the court to order the discharge of a person who is found to have recovered.

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Documents

1 official file

• Introduced in Senate

  summary · EN · 23 June 1982

  Open at official source

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