SB 1214 abolishes the traditional insanity acquittal and authorizes new verdicts of “guilty with mental defect” or “not guilty by reason of mental illness.”
A defendant found “guilty with mental defect” is subject to ordinary punishment, including probation, if authorized. A defendant found “not guilty by reason of mental illness” shall not be released until the court has determined that the defendant is not presently dangerous and a person requiring treatment. The court must immediately order a mental health evaluation in both scenarios.
“Guilty with mental defect” means the person committed the act and was either unable to understand the nature and consequences of his or her actions or was unable to differentiate right from wrong, and has been diagnosed with antisocial personality disorder which substantially contributed to the act for which the person has been charged.
“Mental defect” means the person has been diagnosed with antisocial personality disorder which substantially contributed to the act for which the person has been charged.
“Mental illness” means a substantial disorder of thought, mood, perception, psychological orientation or memory that significantly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life.
This law went into effect November 1, 2016 and modifies 22 OS § 1161.