Originally published: . Volume 9, No. 4. Source pages: 8.
Senator White’s measure was reported favorably out of the Committee on Judiciary C and is pending Senate vote.
The present law provides that when a verdict of not guilty by reason of insanity is returned in a capital case, the court is to commit the defendant to a proper state mental institution or to a private mental institution approved by the court for custody, care, and treatment. Present law provides that when the superintendent of a mental institution is of the opinion that a person committed pursuant to present law can be discharged or can be released on probation, without danger to others or to himself, he is to recommend the discharge or release of the person in a report to a review panel comprised of the person's treating physician, the clinical director of the facility to which the person is committed, and a physician or psychologist who served on the sanity commission that recommended commitment of the person. Present law further provides that after review the panel is to make a recommendation to the court.
Proposed law retains present law and adds that a recommendation that the person be discharged or released on probation requires a unanimous vote of the panel. Proposed law further provides that the panel must render specific findings of fact in support of its recommendation. Proposed law makes present law applicable to persons found not guilty by reason of insanity of the enumerated present law crimes.
Proposed law retains present law and adds that the 10- year "cleansing period" contained in present law applies to persons found not guilty by reason of insanity of the enumerated present law crimes.
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