Prosecution of Defendants
What changed between versions
The insanity defense was redefined to allow a defendant to argue they lacked the 'culpable mental state' required for the crime, rather than just being unable to distinguish right from wrong.
Sentencing guidelines were updated to allow specialized mental health treatment as a mitigating circumstance, but explicitly prohibit courts from using this treatment to lower a sentence below the statutory minimum.
New requirements mandate that examining experts must use clinically recognized instruments to detect malingering and report their findings.
New rules require charges against defendants adjudicated incompetent to stand trial to be dismissed only under specific, strict conditions, such as a duration of incompetence equal to the maximum possible sentence.
A new provision mandates involuntary commitment for defendants acquitted by reason of insanity if they are found to be dangerous to themselves or others.
The definition of mitigating circumstances was expanded to include severe physical disabilities and severe, persistent mental illnesses unrelated to substance abuse.