Title V. Penal Code

Chapter 3. Defences.

§ 314. Legal Effect of Acquittal on the Ground of Mental Disease or Defect Excluding Responsibility; Commitment; Release or Discharge.

1.    When a defendant is acquitted on the ground of mental disease or defect excluding responsibility, the Court shall order him to be placed in an appropriate facility for custody, care and treatment.

2.    Following examination by at least two qualified psychiatrists, a defendant acquitted on the ground of mental disease or defect shall be entitled to have a jury determine whether he is a danger to himself or to others.

3.    The defendant shall prove he is not a danger to himself or others by a preponderance of the evidence.

4.    A statement made to a psychiatrist under paragraph (2) shall be admissible solely on the issue of the defendant's mental condition and shall be otherwise privileged.

Chapter 3                 § 313                 § 400