LD 29
pg. 5
Page 4 of 6 An Act To Provide Justice to Those Found Not Guilty Due to Mental Disease or De... Page 6 of 6
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LR 395
Item 1
 
community without likelihood that he the person will cause injury
to himself that person or others due to mental disease or mental
defect. The court shall receive the testimony of the psychiatrist
who observed or treated the person during the period of detention,
and any member of the State Forensic Service who has examined the
person during the period of detention, and any other relevant
testimony. Following the hearing, the court may reissue, modify or
rescind the previous order of release.

 
6. Involuntary hospitalization; notice; appointed counsel.
Any A person released under subsection 1, paragraph A, may be
admitted to a hospital under any provision of Title 34-B, chapter
3, subchapter IV 4, Article 3, while the order for release is in
effect.

 
Notice of any hearing under subsection 1, 2, 3 or 5 shall must be
given to the offices of the district attorney which prosecutorial
office that prosecuted the criminal charges against the person
for of which the person was acquitted found not criminally
responsible by reason of insanity mental disease or mental
defect, the offices of the district attorneys in whose district
the release petition was filed or in whose district release may
occur and the Attorney General at least 7 days before the hearing
date. Notice of any hearing under subsection 4 shall must be
given to the office of the district attorney and the Attorney
General as soon as possible before the hearing date.

 
Whenever a hearing is to be held under this section, the court
shall determine whether the person whose release or discharge is
in issue is indigent. If the court finds that the person is
indigent, it the court shall appoint counsel to represent the
person in connection with the hearing. Fees for court-appointed
counsel for services rendered in connection with any a hearing
held under this section, or appeal from a decision in any a
hearing, and the fees of any expert witnesses called by the
district attorney, or the Attorney General or on behalf of the
person whose release or discharge is in issue, if indigent, shall
must be paid by the State. Any such fee to be in order for
payment shall must be first approved by the justice presiding at
the hearing held under this section.

 
SUMMARY

 
This bill specifies that proper use of prescribed medications
may be a condition of release for a person found not criminally
responsible by reason of mental disease or mental defect. This
bill lessens the burden of proof for a petitioner seeking the
release or discharge of a person hospitalized after having been
found not criminally responsible by reason of mental

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