If the trier of fact finds a defendant not guilty by reason of insanity (NGRI) for a crime that is not a class 1 or class 2 felony, resulted in another person suffering serious bodily injury or death, involved the defendant using a deadly weapon, or involved felony unlawful sexual behavior, the act authorizes the court, at the request of the defendant, to allow the defendant to remain at liberty or set a hearing to modify the bond and delay final disposition, delay formal entry of the finding of NGRI, and stay the commitment of the defendant to the custody of the department of human services (state department) until the conclusion of the initial release hearing. If the defendant is on bond, the act requires the court to order the state department to conduct a release examination on an outpatient basis.
Upon an initial commitment following a finding of NGRI, or upon delaying the final entry of the finding of NGRI, the act requires the court to schedule an initial release hearing no later than 120 days after the initial commitment. The act requires the court to conduct the initial release hearing. The act requires the court to order the state department to complete a release examination no later than 30 days prior to the initial release hearing. The act authorizes the court to continue the hearing beyond 120 days upon a finding of good cause or if necessary to conduct a second evaluation of the defendant.
Beginning September 1, 2022, the act requires the chief officer of the institution at which the defendant is committed to annually submit a release examination report to the court certifying whether the defendant continues to meet the criteria for ongoing inpatient hospitalization or meets the applicable test for release. The act describes what must be included in the release examination report.
The act appropriates $868,271 to the state department from the general fund for use by the office of behavioral health.
(Note: This summary applies to this bill as enacted.)