6.27Plea of Guilty but Mentally Ill¹

Before accepting a plea of guilty but mentally ill, the court must comply with the requirements of MCR 6.302. “In addition to establishing a factual basis for the plea pursuant to MCR 6.302(D)(1) or [MCR 6.302(D)(2)(b)], the court must examine the psychiatric reports prepared and hold a hearing that establishes support for a finding that the defendant was mentally ill at the time of the offense to which the plea is entered.” MCR 6.303. The reports must be made a part of the record. Id.

Additionally, the following statutory conditions must be met under MCL 768.36(2) before a guilty but mentally ill plea may be accepted:

(1) the defendant has asserted a defense of insanity²;

(2) the defendant has waived his or her right to trial by jury or judge;

(3) the prosecuting attorney has approved the plea of guilty but mentally ill;

(4) with the defendant’s consent, the court has examined the report or reports on criminal responsibility prepared as a result of examinations required by the defendant’s assertion of the defense;

(5) a hearing on the issue of defendant’s mental illness has been conducted; and

(6) the court is satisfied that the defendant proved by a preponderance of the evidence that he or she was mentally ill at the time of the offense.

These requirements are also incorporated in MCR 6.301(C)(1).

A trial court has discretion whether to accept a defendant’s guilty but mentally ill plea. People v Blue, 428 Mich 684, 694 (1987).