These reports are not public records or open to the public. If the initial report contains the recommendation that the accused be held in a designated facility pending trial, the court may order that the accused be committed to or held in a designated facility pending trial. As evidence in a criminal prosecution for perjury. In addition to other forms of verdict submitted to the jury, the court shall submit a verdict by which the jury may find the defendant not guilty by reason of mental illness or deficiency excluding responsibility. The prosecution shall prove beyond a reasonable doubt all the elements of the offense charged.
Every defendant is presumed to be mentally responsible.
The defendant shall have the burden of going forward and proving by the greater weight of evidence that, as a result of mental illness or deficiency, he lacked capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law. In addition, the state and the defendant may summon other expert witnesses who did not examine the defendant. The designated examiner who examined the defendant may testify as to and explain the nature of his examinations, his diagnosis of mental illness or deficiency of the defendant, and his opinion as to the defendant's ability to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law. The designated examiner may be cross-examined as to his competence and the credibility of his diagnosis and his opinion. Disposition of persons found not guilty by reason of mental illness or deficiency excluding responsibility.