Section 220.15. Plea; plea of not responsible by reason of mental disease or defect  


Latest version.
  • 1. The defendant may, with both the permission of the  court  and  the
      consent  of  the  people,  enter  a plea of not responsible by reason of
      mental disease or defect to the entire indictment. The district attorney
      must state to the court either orally on the  record  or  in  a  writing
      filed  with  the court that the people consent to the entry of such plea
      and that the people are satisfied that the affirmative defense  of  lack
      of  criminal  responsibility by reason of mental disease or defect would
      be proven by the  defendant  at  a  trial  by  a  preponderance  of  the
      evidence.      The  district attorney must further state to the court in
      detail the evidence available to the people with respect to the  offense
      or  offenses  charged  in  the  indictment,  including  all  psychiatric
      evidence available or known to the people.  If necessary, the court  may
      conduct  a  hearing  before accepting such plea.   The district attorney
      must further state to the court the reasons for recommending such  plea.
      The reasons shall be stated in detail and not in conclusory terms.
        2.  Counsel for the defendant must state that in his opinion defendant
      has  the capacity to understand the proceedings and to assist in his own
      defense and that the defendant understands the consequences of a plea of
      not responsible by reason of mental disease or defect.  Counsel for  the
      defendant  must  further  state whether in his opinion defendant has any
      viable defense to the offense or  offenses  charged  in  the  indictment
      other than the affirmative defense of lack of criminal responsibility by
      reason  of  mental  disease or defect.    Counsel for the defendant must
      further state in  detail  the  psychiatric  evidence  available  to  the
      defendant with respect to such latter affirmative defense.
        3.    Before  accepting  a plea of not responsible by reason of mental
      disease or defect, the court must address the defendant  in  open  court
      and determine that he understands each of the following:
        (a)    The  nature of the charge to which the plea is offered, and the
      consequences of such plea;
        (b)  That he has the right to plead not guilty or to persist  in  that
      plea if it has already been entered;
        (c)    That  he  has the right to be tried by a jury, the right to the
      assistance of counsel, the right to confront and cross-examine witnesses
      against him, and the right not to be compelled to incriminate himself;
        (d)  That if he pleads not responsible by reason of mental disease  or
      defect  there  will be no trial with respect to the charges contained in
      the indictment, so that by offering such plea he  waives  the  right  to
      such trial;
        (e)   That if he pleads not responsible by reason of mental disease or
      defect the court will ask him questions about the  offense  or  offenses
      charged  in  the indictment and that he will thereby waive his right not
      to be compelled to incriminate himself; and
        (f)  That the acceptance of a plea of not  responsible  by  reason  of
      mental  disease  or  defect  is  the  equivalent  of  a  verdict  of not
      responsible by reason of mental disease or defect after trial.
        4.  The court shall not accept a plea of not responsible by reason  of
      mental  disease  or  defect  without  first  determining that there is a
      factual basis for such plea.   The  court  must  address  the  defendant
      personally  in  open  court  and  determine  that the plea is voluntary,
      knowingly made, and not the result of force, threats, or promises.   The
      court  must inquire whether the defendant's willingness to plead results
      from prior discussions between the district attorney and counsel for the
      defendant.  The court must be satisfied that the  defendant  understands
      the  proceedings  against  him, has sufficient capacity to assist in his
      own  defense  and  understands  the  consequences  of  a  plea  of   not
    
      responsible  by  reason of mental disease or defect.  The court may make
      such inquiry as it deems necessary or appropriate  for  the  purpose  of
      making the determinations required by this section.
        5.    Before  accepting  a plea of not responsible by reason of mental
      disease or defect, the court must find and state each of  the  following
      on the record in detail and not in conclusory terms:
        (a)  That it is satisfied that each element of the offense or offenses
      charged in the indictment would be established beyond a reasonable doubt
      at a trial;
        (b)    That the affirmative defense of lack of criminal responsibility
      by reason of mental disease or defect would be proven by  the  defendant
      at a trial by a preponderance of the evidence;
        (c)  That the defendant has the capacity to understand the proceedings
      against him and to assist in his own defense;
        (d)  That such plea by the defendant is knowingly and voluntarily made
      and that there is a factual basis for the plea;
        (e)    That the acceptance of such plea is required in the interest of
      the public in the effective administration of justice.
        6.  When a plea of not responsible by  reason  of  mental  disease  or
      defect  is  accepted  by  the  court  and recorded upon the minutes, the
      provisions of section 330.20 of this chapter shall govern all subsequent
      proceedings against the defendant.