|
disease or mental defect for committing a Class B, C, D or E |
| crime. For discharge or release, a petitioner must demonstrate |
| by a preponderance of the evidence that the modified release |
| treatment program, release on conditions or discharge may be |
| granted without likelihood that the person will cause injury to |
| that person or to others due to mental disease or mental defect. |
| The petitioner's burden of proof in a case for release or |
| discharge where a person was found not criminally responsible by |
| reason of mental disease or defect for murder or a Class A crime |
| remains proof by clear and convincing evidence. (Taylor v. |
| Commissioner of Mental Health and Mental Retardation, 481 A.2d |
| 139 (1984)) The bill also makes technical changes to the |
| statutes. |
