Bill > H1282

This bill, concerning the insanity defense in murder cases in Massachusetts, proposes to replace the "not guilty by reason of insanity" verdict with a "guilty except insane" verdict. This new verdict would apply if a defendant, at the time of the crime, suffered from a mental disease or defect so severe that they did not know their actions were wrong, with certain conditions like voluntary intoxication, withdrawal, character defects, or impulse control disorders excluded. If an insanity plea is raised and deemed to have a reasonable basis, the court can order a mental health evaluation for up to thirty days at a secure facility, with experts submitting a report to the court and parties. A "guilty except insane" verdict would result in commitment to a maximum security mental health facility, including Bridgewater State Hospital, for a minimum of ten years, followed by potential one-year extensions. Upon release, individuals would be under probation supervision for at least five years, requiring frequent reporting and potentially leading to re-commitment if probation conditions are violated. Importantly, a "guilty except insane" verdict is considered a criminal conviction and will be recorded in criminal offender information systems.