accurate and understandable phrase "not criminally responsible by |
reason of insanity," which is consistent with the Maine Rules of |
Criminal Procedure, Rules 11(a)(1) and 11A(h) relative to the plea |
of insanity. The bill also defines "not criminally responsible by |
reason of insanity," which clarifies that Title 15, section 103 has |
application to any insanity plea, finding or verdict stemming from |
former Title 15, section 102; current Title 17-A, section 39 or any |
earlier version of that section; former Title 17-A, section 58; or |
former section 17-B, chapter 149 of the Revised Statutes of 1954. |
The bill amends Title 15, section 104-A by striking the words |
"acquitted by reason of insanity" and replacing them with a |
reference to Title 15, section 103, which directs a defendant's |
being committed following the acceptance of a negotiated insanity |
plea or following a verdict or finding of insanity. The bill also |
identifies insanity as an affirmative defense and makes technical |
language changes to conform to legislative drafting guidelines. |