(a) On the basis of the report filed pursuant to § 5-2-305 and after a hearing, if a hearing is requested, the court may enter judgment of acquittal on the ground of mental disease or defect if the court is satisfied that the following criteria are met:
(1) The defendant currently has the capacity to understand the proceedings against him or her and to assist effectively in his or her own defense; and
(2) At the time of the conduct charged, the defendant lacked capacity as a result of mental disease or defect to conform his or her conduct to the requirements of law or to appreciate the criminality of his or her conduct.
(b) If the defendant did not raise the issue of mental disease or defect as an affirmative defense pursuant to § 5-2-305, then the court is required to make a factual determination that the defendant committed the offense and that he or she was suffering from a mental disease or defect at the time of the commission of the offense.
Section: Previous 5-2-305 5-2-306 5-2-307 5-2-308 5-2-309 5-2-310 5-2-311 5-2-312 5-2-313 5-2-314 5-2-315 5-2-316 5-2-317 5-2-326 NextLast modified: November 15, 2016