Bill > H1924

This bill addresses the legal handling of female defendants who have experienced perinatal mental health complications such as postpartum psychosis or postpartum depression. The bill first provides detailed medical definitions for these conditions, describing their symptoms and impacts on mental functioning. It then requires that female defendants who have given birth within 12 months prior to a criminal charge undergo a psychiatric screening. When a mental health examination is ordered for such a defendant, it must be conducted by an expert in reproductive psychiatry within 48 hours. For defendants committed to treatment facilities due to mental illness related to perinatal complications, the bill mandates that they receive a diagnosis and treatment plan developed in consultation with a reproductive psychiatry expert, potentially including additional services like parenting assessment and therapy. The legislation also establishes a comprehensive process for potentially placing such defendants on outpatient status, including requirements for court hearings, supervision, and treatment plans. Importantly, the bill allows for a resentencing hearing if the defendant's perinatal mental health condition substantially affected their ability to understand their actions or conform to the law, and it requires courts to consider mental health complications as a potential mitigating factor in cases that might otherwise result in life imprisonment without parole.

Justice

https://malegislature.gov/Bills/194/H1924