NCJ Number
98344
Date Published
1983
Length
181 pages
Annotation
This report explains the task force's major recommendations that became the basis for a complete rewriting of Maryland law related to the insanity plea, incompetency to stand trial, and the commitment and release of insanity acquittees.
Abstract
In 1982, Maryland Governor Harry Hughes established the 17-member Task Force to Review the Defense of Insanity. The task force was charged with examining (1) the role of the insanity defense in criminal law, (2) evidentiary and procedural issues that arise when the< insanity defense is used, (3) issues in the detention and treatment of insanity acquittees, and (4) alternatives to the insanity defense. The task force was expected to make recommendations based on its findings. In Maryland's 1984 legislative session, parallel bills suggested by the task force (SB 645 and HB 968) were introduced in both houses of the legislature. Senate Bill 645 was passed and signed by the Governor. This legislation completely rewrote Maryland law related to the insanity plea, incompetency to stand trial, and the commitment and release of insanity acquittees. The task force concluded that the insanity defense should be retained to protect criminally inculpable mentally disordered persons from criminal punishment. The task force also concluded that there were problems with the commitment and release of insanity acquittees and offered several recommendations, such as the automatic commitment of an insanity acquittee for an indeterminate period. Task force reports and studies are summarized.