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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. |
