SB 2394

Bill Subjects

Not Guilty By Reason Of Insanity Guilty But Mentally Ill Criminal Defense Department Of Public Safety Study

Abstract

Establishes a verdict of guilty of the offense charged but mentally ill in criminal trials. Changes the defense of not guilty by reason of insanity to require the court to find that at the time of the conduct, the person lacked a particular state of mind that is required to establish an element of the offense charged as a result of physical or mental disease, disorder, or defect. Requires persons who are incarcerated as a result of a verdict of guilty of the offense charged but mentally ill to receive health care or mental health care appropriate to the person's diagnosis during the person's term of imprisonment. Requires the Department of Public Safety to conduct a study on the costs of providing care to incarcerated persons who have been found guilty of the offense charged but mentally ill. Effective July 1, 2020.