An Act To Amend the Not Guilty by Reason of Insanity Verdict
Maine Legislature, Session 121, LD 1091
Committee: Criminal Justice and Public Safety
Sponsors: WOODCOCK
Amends: 15 MRSA §103, 15 MRSA §104-A, 15 MRSA §393, 17-A MRSA §40

Legislative Document 
No. 1091 
S.P.363 
In Senate, March 4, 2003 
An Act To Amend the Not Guilty by Reason of Insanity Verdict 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Senator WOODCOCK of Franklin. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA §103. as corrected by RR 1995, c. 2, §27 and 
amended by PL 2001, c. 354, §3, is further amended to read: 
§103. 
COJl'Ditment of persons found quil.ty but insane 
When 
a 
respondent is found not criminally responsible by 
reason 
of 
mental 
disease 
or 
mental 
defect 
the 
verdict 
and 
judgment must se state that the person is guilty but insane. 
In 
that case the court shall order the person committed to the 
custody 
of 
the 
Commissioner 
of 
Behavioral 
and 
Developmental 
Services to be placed in an appropriate institution for 
the 
mentally ill or the mentally retarded for care and treatment. 
Upon placement in the appropriate institution and in the event of 
transfer from one institution to another of persons committed 
under this section, notice of the placement or transfer must be 
given by the commissioner to the committing court. 
Sec. 2. 15 MRSA §104-A, sub-§I, as corrected by RR 1995, c. 2, 
§28 and amended by PL 2001, c. 354, §3, is further amended to 
read: 
1. 
Re1easE~ and discharge. 
The term "release," as used in 
this 
section, 
means 
termination 
of 
institutional 
in-patient 
residency and return to permanent residency in the community. 
The head of the institution in which a person is placed, under 
section 103, 
shall, 
annually, 
forward to the Commissioner of 
Behavioral and Developmental Services 
a 
report containing the 
opinion of a staff psychiatrist as to the mental conditions of 
that person, 
stating specifically whether 
the person 
may 
bp 
released or discharged without likelihood that the person will 
cause injury to that person or to others due to mental disease or 
mental defect. 
The report must also contain a brief statement of 
the reasons for the opinion. 
The commissioner shall immediately 
file the report in the Superior Court for the county in which the 
person is hospitalized. 
The court shall review each report and, 
if it is made to appear by the report that any person may be 
ready for release or discharge, the court shall set 
CI. date [or 
and hold a hearing on the issue of the person's readiness for 
release or discharge. 
The court shall give notice of the hearinq 
and mail a copy of the report to the Attorney General, offices of 
the district at.torney that prosecuted the criminal charges for 
which the person was 
ae£f1:i,itteEl.-.£>y-~~-Q.f--iBsaBity found to be 
guil ty but insane and the offices of the district attorneys in 
whose 
district the 
release petition was 
filed 
or 
in 
whose 
district release may occur. 
At the hearing, 
the court shall 
receive 
the 
testimony of at least one psychiatrist who 
has 
treated the person and a member of the State Forensic Service who 
has 
examined 
the 
person, 
the 
testimony 
of 
any 
independent 
Page l-LR077 5 (1) 
psychiatrist or licensed clinical psychologist who is employed by 
the pl'i'9Seel:lt;el'i' prosecutor and has examined the person and any 
other relevant testimony. 
If, after hearing, the court finds 
that the person may be released or discharged without likelihoo~ 
that the person will cause injury to that person or to others due 
to mental disease or mental defect, the court shall order, as 
applicable: 
A. 
Release from the institution, provided that: 
(1) 
The 
order 
for 
release 
may 
include 
conditions 
determined appropriate by the court, including, but not 
limited to, out-patient treatment and supervision by 
the 
Department 
of 
Behavioral 
and 
Developmental 
Services, Division of Mental Health; and 
(2) 
The order for release includes the condition that 
the 
person 
must 
be 
returned 
to 
the 
institution 
immediately upon the order of the commissioner whenever 
the person fails to comply with other conditions of 
release ordered by the court; or 
B. 
Discharge 
from 
the 
custody of 
the 
Commissioner 
of 
Behavioral and Developmental Services. 
Release from the institution is subject to annual review by the 
court and, except for return as ordered by the commissioner under 
paragraph A, subparagraph (1), must continue until terminated by 
the court. 
Each person released under this section shall remain 
in 
the 
custody 
of 
the 
commissioner. 
The 
Commissioner 
of 
Behavioral and Developmental Services shall inform the public 
safety officer of the municipality or the sheriff's office of the 
county into which the person is released of the release. 
Se<:.3. 15 MRSA §104-A. sub-§2, as corrected by RR 1995, c. 2, 
§29 and amended by PL 2001, c. 354, §3, is further amended to 
read: 
2. 
Modified re1ease treatment. 
Any individual hospitalized 
pursuant to section 103 may petition the Superior Court for the 
county 
in which 
that 
person is hospitalized 
for 
a 
release 
treatment program allowing the individual to be off institutional 
grounds for a period of time. not to exceed 14 days at anyone 
time. 
The petition must contain a report from the institutional 
staff, including at least one psychiatrist, and the report must 
define the patient's present condition; the planned treatment 
progr:am involving absence from the institution; the duration of 
the 
absence 
from 
the institution; 
the 
amount of supervision 
dur ing the absence; the expectation of results from the program 
change: 
and 
the estimated duration of the treatment program 
before further change. 
This petition must be forwarded to the 
court 
no later than 
days prior to the beginning of 
the 
modified treatment program. 
If the court considers that the 
individual beinq off the grounds, as described in the treatment 
plan, is inappropriate, it shall notify the hospital that the 
plan is not approved and shall schedule a hearing on the matter. 
The 
clerk 
of 
courts 
upon 
receipt of 
the 
proposed 
treatment 
program shall qive notice of the receipt of this program by 
mailing 
a 
copy to the office of the district attorney that 
prosecuted the criminal charges of which the person was ae€fliitotoeEl 
By-~~~~--iB&aBiEY found to be guilty but insane, the offices 
of the district attorneys in whose district the release petition 
was filed or in whose district release may occur and the Attorney 
General who may file objections and request a hearing on the 
matter. 
Representatives of the Attorney General and the off ice 
that prosecuted the person may appear at any hearing on the 
matter. 
At the hearing, the court shall receive the testimony of 
a 
member of the State Forensic Service who has examined the 
person, 
any 
independent 
psychiatrist 
or 
licensed 
clinical 
psychologist who is employed by the pF9seeliEeF prosecutor and has 
examined the pe,rson and any other relevant testimony. 
If the 
court does not respond wi thin 60 days to the proposed treatment 
plan and no objections and request for hearing are filed by the 
district attorney or Attorney General, it may then be put into 
effect by the administrator of the hospital on the assumption 
that the court approved the treatment plan. 
The Commissioner of 
Behavioral 
and Developmental Services shall inform the public 
safety officer of the municipality or the sheriff's office of the 
county in which the person will spend any unsupervised time under 
the release treatment program of that program. 
Sec. 4. 15 MRS A §104-A. sub-§6, as amended by PL 198 S, c. 1 '11" 
§4, is further amended to read: 
6. 
Involuntary hospitalization; notice; appointed counseL 
Any 
person released under 
subsection 1, 
paragraph 
AT 
may 
be 
admitted to a hospital under any provision of Title 34-B, chapter 
3, subchapter ±V .1, Article 3 r 
while the order for release is in 
effect. 
Notice of any hearing under subsection 1, 2, 3 or 5 6HaJ,J, must be 
given 
to 
the 
offices 
of 
the 
district 
attorney 
WHiSH 
that:. 
prosecuted the criminal charges against the person for which the 
person was 
ae€fHiEEeg--B-y---r~-.g.f--iRsaRiEy found quil ty but 
insane, the offices of the district attorneys in whose district 
the release petition was filed or in whose district release may 
occur and Attor"ney General at least 7 days before the hear inq 
date. 
Notice of any hearing under subsection 4 
sHaJ,Jo must 
tw 
given to the office of the district attorney and Attorney General 
as soon as possible before the hearing date. 
Whenever a hearing is to be held under this section, the court 
shall determine \'rhether the person whose release or discharge is 
in issue is indigent. 
If the court finds that the person is 
indigent, it shall appoint counsel to represent the person in 
connection with the hearing. 
Fees for court-appointed counsel 
for services rendered in connection with any hearing held under 
this section, or appeal from a decision in any hearing, and the 
fees of any expert witnesses called by the district attorney, 
Attorney General or on behalf of the person whose release or 
discharge is in issue, if indigent, shall must be paid by the 
State. 
Any such fee to be in order for payment shal± must be 
first approved by the justice presiding at the hearing held under 
this section. 
Sec. 5. 15 MRSA §393. sub-§I. as amended by PL 200L c. 549, 
§2, is further amended to read: 
1. 
Possession prohibited. 
A person may not own, possess or 
have under that person I s control a firearm, unless that person 
has obtained a permit under this section, if that person: 
A-I. 
Has 
been 
convicted 
of 
committing 
or 
found 
Bete 
e~iffiiBally-£e6~eH6iBle-by-~~~-~~~~~&&&&&-9F-eeFeete 
guilty but insane of committing: 
(1) 
A 
crime 
in this 
State that is punishable 
by 
imprisonment for a term of one year or more; 
(2) 
A crime under the laws of the United States that 
is punishable by imprisonment for a term exceeding one 
year; 
(3) 
A crime under the laws of any other state that, ln 
accordance 
with 
the 
laws 
of 
that 
jurisdiction, 
is 
punishable 
by 
a 
term of 
imprisonment 
exceeding 
one 
year. 
This subparaqraph does not include a crime under 
the laws of another state that is classified by the 
laws of that state as a misdemeanor and is punishable 
by a term of imprisonment of 2 years or less; 
(4) 
A crime under the laws of any other state that, III 
accordance with the laws of that jurisdiction, does not 
come 
wi thin 
subparagraph 
(3) 
but 
is 
elementally 
substantially similar to a crime in this State that lS 
punishable by a 
term of imprisonment for one year 
0) 
more; or 
(5) 
A crime under the laws of the United States, this 
State or any other state or the Passamaquoddy Tribe fJt 
Penobscot 
Nation 
in 
a 
proceeding 
in 
\'lhich 
the 
prosecuting authority was required to plead and prove 
that the person committed the crime with the use of: 
(a) 
A firearm against a person; or 
(b) 
Any other dangerous weapon; 
C. 
Has been adjudicated in this State or under the laws of 
the Unite!d States or any other state to have engaged in 
conduct as a juvenile that, if committed by an adult, would 
have been a disqualifying conviction: 
(1) 
Under paragraph A-I, subparagraphs (1) to (4) and 
bodily injury 
to 
another 
person 
was 
threatened or 
resulted; or 
(3) 
Under paragraph A-I, subparagraph (5); or 
D. 
Is subject to an order of a court of the United States 
or a stat:e, territory, commonwealth or tribe that restrains 
that 
person 
from 
harassing, 
stalking or 
threatening 
an 
intimate partner, 
as 
defined in 18 
United States 
Code, 
Section 921(a), of that person or a child of the intimate 
partner of that person, or from engaging in other conduct 
that would place the intimate partner in reasonable fear of 
bodily injury to the intimate partner or the child. except 
that this paragraph applies only to a court ordel that was 
issued after a hearing for which that person received actual 
notice 
and at which that person had the opportunity to 
participate and that: 
(1) 
Includes a 
finding that the person represents a 
credible threat to the physical safety of an intimate 
partner or a child; or 
(2) 
By 
its 
terms, 
explicitly prohibits 
the 
attempted 
use 
or 
threatened 
use 
of 
physical 
against 
an 
intimate partner or 
a 
child that 
reasonably be expected to cause bodily injury. 
use. 
force 
woulel 
For the purposes of this subsection, a person is deemed to have 
been convicted upon the acceptance of a plea of guilty or nolo 
contendere 
or 
a 
verdict 
or 
finding 
of 
guilty, 
or 
of 
thp 
equivalent 
in 
a 
juvenile 
case, 
by 
a 
court 
of 
competent 
jurisdiction. 
For the purposes of this subsection, a person is deemed to have 
been found B9t-e£imiRally-~~~~~€-~~~~~~a~a±-ai6ea6e 
9F-ee!eet guilty but insane upon the acceptance of a plea of not 
" 
criminally responsible by reason of insanity or a 
verdict or 
finding of Bet-€£iffiiBa~~Y-~~~~~€-~~~~~-ffi~ata±-aisease 
eF-~efe€t guilty but insane, or of the equivalent in a juvenile 
case, by a court of competent jurisdiction. 
Sec. 6. 15 MRSA *393. sub-§7, as repealed and replaced by PL 
2001, c. 549, §4, is amended to read: 
7. 
context 
Definitions. 
As 
used 
in 
otherwise 
indicates. 
the 
following meanings. 
this 
section, 
following 
terms 
unless 
have 
the 
the 
A. 
"Firearm" has the same meaning as in Title 17-A, section 
2, subsection 12-A. 
B. 
~Net-~~~~~~y-~~~~-ay-£ea5eR-~-~~&a~-aisease 
9F-~efe€t!..! "Guilty but insane" has the same meaning as used 
in Title 17-A, section 39 and includes the former finding in 
this State of 
"not criminally responsible 
by 
reason of 
mental disease or defect" under Title 17 -A, section 3 9 as 
well 
as 
the 
former 
finding 
under 
former 
provisions 
of 
section 103 of "not guilty by reason of mental disease or 
defect excluding responsibility" as well as any comparable 
finding under the laws of the United States or any other 
state. 
C -
"State" means the State of Maine and "state" means any 
other state of the United States and includes the District 
of 
Columbia. 
the 
Commonwealth 
of 
Puerto 
Rico 
and 
the 
possessions of the United States. 
Il. 
"Use of a dangerous weapon" has the same meaning as III 
Title l7-A. section 2. subsection 9, paragraph A. 
Sec. 7. 17-A MRS A §39. sub-§I, as amended by PL 1985, c. 796, 
§5, is further amended to read: 
1.. 
A defendant is aet:--<K-ifR..-ina-1-l-y--£esEl9Bsie,le quilty but 
insane if, at the time of the criminal conduct, as a result of 
mental disease or defect, 
he the defendant lacked substantial 
capaci ty to appreciate the wrongfulness of his the defendant' s 
conduct. The defendant sba;!';!'-bave has the burden of proving, by a 
preponderance 
of 
the 
evidence, 
that 
he 
the 
defendant 
lacks 
criminal responsibility as described in this subsection. 
Sec. 8. 17-A MRSA §40. sub-§4. as amended by PL 1985, c. 796, 
§6. is further amended to read: 
4. 
If the Jury in the first phase returns a guilty verdict, 
the trial sba;!,;!, must proceed to the 2nd phase. The defendant and 
the State may rely upon evidence admitted during the first phase 
or they may recall witnesses. Any evidence relevant to insanity 
is admissible. The order of proof shall InYll reflect that the 
defendant has the burden of establishing his the defendant's lack 
of criminal responsibility. The jury shall return a verdict that 
the 
defendant 
is 
criminally 
responsible 
or 
Be~--£~~miHa±±y 
Fe6peB6i:e±e--a.l"--{"~-e.f---me-&~al---disease ~--Qe~ee~ guilty but 
insane. 
If the defendant is found criminally responsible, the 
court shall sentence him the defendant according to law. 
SUMMARY 
This bill changes the verdict of "not criminally responsible 
by reason of insanity" to "guilty but insane." 
•