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

Summary

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 issues of mens rea or any state of mind which is an element of the offense. Repeals the notice requirement for an insanity defense in the Federal Rules of Criminal Procedure. Permits the court to allow a person currently suffering from a mental disease or defect, to serve all or a portion of his sentence in the custody of a suitable facility. Allows for transfer of the defendant to Federal prison when he: (1) has recovered from his mental condition; (2) is no longer in need of custody, care or treatment; or (3) will not benefit from further 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 the defendant to the custody of the state of his domicile or to a suitable mental health facility.

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Documents

1 official file

• Introduced in Senate

  summary · EN · 16 July 1982

  Open at official source

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