Bill > H1295

This bill, titled "Relative to the insanity defense," proposes significant changes to how the insanity defense is handled in Massachusetts, specifically for murder charges. It introduces a new verdict of "guilty except insane," meaning a defendant is found to have committed the crime but was suffering from a mental disease or defect so severe that they didn't know their act was wrong at the time. This defense is an affirmative one, meaning the defendant must prove it, and it explicitly excludes conditions like voluntary intoxication, withdrawal from substances, character defects, and temporary emotional states. If a defendant pleads insanity and the court finds a reasonable basis, they can be committed for up to thirty days for evaluation by mental health experts who will then report to the court. If found guilty except insane for murder, the defendant will be committed to Bridgewater State Hospital or another maximum-security mental health facility for a minimum of ten years, with potential for further one-year commitments. Upon release, they will be under probation supervision for at least five years, requiring intensive treatment and frequent reporting, with the possibility of re-commitment if conditions are violated. Importantly, a "guilty except insane" verdict will be a criminal conviction appearing on criminal records, and the "not guilty by reason of insanity" verdict will no longer be an option for murder cases.