Not Guilty by Reason of Insanity Defense

Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems. When a plea of not guilty by reason of insanity is accepted by a court, the bill requires the court, in consultation with the department of human services (CDHS) and the parties, to determine whether a sanity examination requires the defendant to stay overnight for an extended examination and the number of days of the extended examination. If the defendant is in custody, the bill authorizes the sanity examination to be conducted at the jail or place of confinement or at a facility operated by or under contract with CDHS. If the defendant is at liberty on summons or on bond, the bill prohibits the court from ordering the defendant into custody in order to conduct the sanity examination authorizes the sanity examination to be conducted at a facility operated by or contracted with CDHS or at an out-of-custody location that the court and CDHS determine is appropriate (section 11).

If a sanity examination is recorded, the bill prohibits a defendant from being dressed in prison or jail clothing and prohibits restraints on the defendant from being visible on the recording (section 12).

Current law authorizes psychiatrists, forensic psychologists, and other personnel conducting a sanity examination to conduct a narcoanalytic interview of the defendant with drugs that are medically appropriate, to subject the defendant to a polygraph examination, and to testify to the results of the procedures, statements, and reactions of the defendant. The bill repeals this provision (section 12).

The bill makes conforming amendments and technical corrections.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)