GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 57

Short Title:  Guilty but Mentally Ill.	(Public)

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Sponsors: Senators McDaniel, Ballantine; Allran and East.

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Referred to:  Judiciary.

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February 6, 1997

A BILL TO BE ENTITLED
AN ACT TO REPEAL THE DEFENSE OF NOT GUILTY BY REASON OF INSANITY AND TO ESTABLISH THE SENTENCE OF GUILTY BUT MENTALLY ILL.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 14 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 2D.
"Insanity.

"§ 14-7.30.  Presumption of sanity; defense of insanity; guilty but mentally ill.
(a)	Presumption. – The law presumes that every person is sane.  The presumption may be rebutted by the defendant upon proof to the satisfaction of the jury.
(b)	Insanity Defense. – It is a defense to a criminal charge that at the time of the offense, as a result of mental disease or defect, the defendant:
(1)	Did not know the nature and quality of the defendant's act; or
(2)	Did not know that the act was wrong.
(c)	Guilty but Mentally Ill. – If the jury finds that the defendant committed the offense but that at the time of the offense the defendant, although aware of the nature and quality of the defendant's act and that the act was wrong, lacked, as a result of mental disease or defect, substantial capacity to conform his or her conduct to the requirements of law, the jury shall return a verdict of 'guilty but mentally ill'.
(d)	Exclusion. – As used in this Article, the terms 'mental disease or defect' do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(e)	Disposition Upon a Finding of 'Guilty but Mentally Ill'. – If the jury returns a verdict of 'guilty but mentally ill', the judge shall impose judgment pursuant to Article 81B of Chapter 15A of the General Statutes."
Section 2.  Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-17.2.  Guilty but mentally ill defined.
(a)	If a defendant charged with murder in the first degree asserts the defense of insanity, the trier of fact shall find the defendant guilty but mentally ill if:
(1)	The State proves beyond a reasonable doubt the elements of murder in the first degree;
(2)	The defendant fails to prove to the jury's satisfaction that defendant was insane; and
(3)	The defendant proves to the jury's satisfaction that he or she, at the time of the offense, had a mental disease or defect that substantially impaired defendant's ability to conform his or her conduct to the requirements of law.
(b)	'Mental disease or defect.' – As used in this section, the term does not include the following:
(1)	An abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(2)	Behavior manifested only as a result of voluntary intoxication."
Section 3.  G.S. 15A-959 reads as rewritten:
"§ 15A-959.  Notice of defense of insanity; expert testimony on a mental condition.
(a)	If a defendant intends to raise the defense of insanity, he must within the time provided for the filing of pretrial motions under G.S. 15A-952 file a notice of his intention to rely on the defense of insanity. The court may for cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make other appropriate orders.
(b)	If a defendant intends to introduce expert testimony relating to a mental disease, defect, or other condition bearing upon the issue of whether he had the mental state required for the offense charged, he must within the time provided for the filing of pretrial motions under G.S. 15A-952(b) file a notice of that intention. The court may for cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make other appropriate orders.
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Section 4.  Chapter 15A of the General Statutes is amended by adding a new Article 79  as follows:
"ARTICLE 79.
"Defendants Found Guilty but Mentally Ill.

"§ 15A-1311.  Sentence of defendant found guilty but mentally ill.
When a defendant is found guilty but mentally ill, the judge shall impose sentence as upon a guilty verdict pursuant to Article 81B of Chapter 15A of the General Statutes and shall determine whether the defendant is presently suffering from a recognized mental disease or defect.  If the judge finds that the defendant is suffering from a recognized mental disease or defect, and the defendant is sentenced to active punishment, then initial commitment of the defendant shall be to a residential State mental health facility.  If the judge finds that the defendant is suffering from a recognized mental disease or defect, and the defendant is sentenced to intermediate or community punishment, then the defendant may be committed to a residential State mental health facility if the presentence psychiatric evaluation recommends treatment on an inpatient basis.
"§ 15A-1312.  Presentence psychiatric evaluation.
(a)	Requirement. – Unless evidence presented during the adjudication process satisfies the judge that the defendant is presently suffering from a recognized mental disease or defect, when a defendant charged with a crime is found guilty but mentally ill, a presentence report containing a written psychiatric evaluation of the defendant shall be made.  The evaluation shall satisfy all of the following conditions:
(1)	It shall be conducted, as determined by the judge:
a.	In a local mental health facility, either public or private;
b.	In a State mental health facility, either on an inpatient or an outpatient basis; or
c.	Pursuant to G.S. 15A-1332(c).
(2)	It shall be completed within 90 days of conviction.
(3)	It shall determine whether the defendant has a recognized mental disease or defect and shall make a recommendation as to treatment.
(b)	Release Pending Evaluation. – A defendant who has been found guilty but mentally ill and whose psychiatric evaluation is authorized to be made on an outpatient basis may be released from custody pending sentence, pursuant to G.S. 15A-536.  In addition to any other authorized conditions of release, the judge may require that the defendant cooperate in the presentence evaluation.
"§ 15A-1313.  Release from mental health facility.
(a)	Recovery. – If at any time the chief of medical services of a State mental health facility determines that a person found guilty but mentally ill and committed to the facility is no longer suffering from a mental disease or defect, and the term of the defendant's imprisonment has not expired, the director of the facility shall file a notice with the clerk of the county in which the defendant was convicted and have it served upon the district attorney for that county.  The defendant shall not be released or released on probation until, as a result of the defendant's sentence, the defendant has been in custody for the minimum period of confinement that may be required by law for the offense.  The district attorney shall schedule a hearing before a judge of the court in which the defendant was sentenced, within 30 days from service of the notice, to determine whether the defendant should be released, released on probation, or continued in the mental health facility, or the defendant's custody shall be transferred to the Department of Correction.  If the defendant is released on probation, any unserved term of the defendant's imprisonment will be suspended during the period of probation, and the provisions of Chapter 15A, Article 82, Probation, apply.  The hearing may be held anywhere within the judicial district encompassing the county in which the defendant was convicted.  At the hearing:
(1)	The court may consider relevant portions of the trial transcript;
(2)	The defendant is entitled to be represented by counsel and, if indigent, to have counsel assigned by the court; and
(3)	The defendant may put on evidence of the defendant's mental condition.
To prepare for the hearing, a defendant who wishes to have his or her condition evaluated by mental health professionals of the defendant's choice shall be made accessible at the mental health facility to those professionals.  The defendant has a right to one continuance of the hearing for a period not to exceed 30 days.
(b)	Completion of Sentence. – Fifteen days before the end of the term of imprisonment of a person found guilty but mentally ill and committed to a State mental health facility, if the defendant has not been released or transferred pursuant to subsection (a) of this section, the chief of medical services of the State mental health facility shall notify the clerk of the county in which the facility is located of the defendant's impending release.  The clerk shall schedule a hearing as provided in G.S. 122C-276 for rehearings, to determine whether the defendant should be involuntarily committed pursuant to Article 5 of Chapter 122C of the General Statutes.  In addition to notice required by G.S. 122C-276, the clerk shall notify the clerk and the district attorney in the county in which the defendant was convicted of the time and place of the hearing."
Section 5.  Chapter 14 of the General Statutes is amended by adding a new Article to read as follows:
"ARTICLE 80A.
"Treatment for Defendants Found Guilty but Insane.

"§ 15A-1323.  Treatment for defendants found guilty but mentally ill.
When a defendant charged with a crime is found guilty but mentally ill under G.S. 14-17.2, the presiding judge shall include in the written commitment order, in addition to that information required by G.S. 15A-1301, an order that defendant receive a mental health evaluation arranged for or provided by the Department of Correction.  The Department of Correction shall make available to defendant during the period of imprisonment any treatment consistent with the recommendations and findings of the mental health evaluation.  The order of the commitment shall require that, before defendant may be released from a term of imprisonment, the Department of Correction must evaluate defendant's mental condition and prepare a suitable community-based treatment plan for implementation upon defendant's release.  The treatment plan shall be prepared jointly by the Department of Correction and the area mental health, developmental disabilities, and substance abuse authority serving the geographical area where defendant plans to reside.  The treatment plan shall be specifically designed to facilitate the return of the defendant to the community as a functioning, self-supporting citizen, and may include intensive supervision, day reporting, monitored medications, and appropriate supportive provisions for assistance in establishing residency, securing gainful employment, undergoing needed vocational rehabilitation, and such other outpatient services that appear beneficial."
Section 6.  G.S. 122C-269 reads as rewritten:
"§ 122C-269.  Venue of district court hearing when respondent held at a 24-hour facility pending hearing.
(a)	In all cases where the respondent is held at a 24-hour facility pending hearing as provided in G.S. 122C-268 or G.S. 122C-277(b1), unless the respondent through counsel objects to the venue, the hearing shall be held in the county in which the facility is located. Upon objection to venue, the hearing shall be held in the county where the petition was initiated, except as otherwise provided in subsection (c) of this section.
(b)	An official of the facility shall immediately notify the clerk of superior court of the county in which the facility is located of a determination to hold the respondent pending hearing. That clerk shall request transmittal of all documents pertinent to the proceedings from the clerk of superior court where the proceedings were initiated. The requesting clerk shall assume all duties set forth in G.S. 122C-264. The requesting clerk shall appoint as counsel for indigent respondents the counsel provided for in G.S. 122C-268(d).
(c)	Upon motion of any interested person, the venue of an initial hearing described in G.S. 122C-268(c) or a rehearing required by G.S. 122C-276(b), or subsections (b) or (b1) of G.S. 122C-277 shall be moved to the county in which the respondent was found incapable of proceeding when the convenience of witnesses and the ends of justice would be promoted by the change."
Section 7.  Article 80 of Chapter 15A of the General Statutes, G.S. 122C-268.1,  122C-271(c), and 122C-276.1 are repealed.
Section 8.  This act becomes effective December 1, 1997, and applies to offenses committed on or after that date.