6.28Plea of Not Guilty by Reason of Insanity¹

Before accepting a plea of not guilty by reason of insanity,² the court must comply with the requirements of MCR 6.302, except that MCR 6.304(C) (rather than MCR 6.302(D)) governs the manner of determining the accuracy of the plea. MCR 6.304(A).

“Before accepting a plea of not guilty by reason of insanity, the court must examine the psychiatric reports prepared and hold a hearing that establishes support for findings that (1) the defendant committed the acts charged, and (2) that, by a preponderance of the evidence, the defendant was legally insane at the time of the offense.” MCR 6.304(C).

Legal insanity means that, “as a result of mental illness . . . or as a result of having an intellectual disability,” a “person lacks substantial capacity either to appreciate the nature and quality or the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law.” MCL 768.21a(1). However, “[m]ental illness or having an intellectual disability does not otherwise constitute a defense of legal insanity.” Id.

“After complying with the applicable requirements of MCR 6.302, the court must advise the defendant, and determine whether the defendant understands that the plea will result in the defendant’s commitment for diagnostic examination at the center for forensic psychiatry for up to 60 days, and that after the examination, the probate court may order the defendant to be committed for an indefinite period of time.” MCR 6.304(B).

After accepting the defendant’s plea, the trial court must immediately commit the defendant to the custody of the center for forensic psychiatry for a period not to exceed 60 days. MCL 330.2050(1).

The court must forward to the center for forensic psychiatry a full report, in the form of a settled record, of the facts concerning the crime to which the defendant pleaded and the defendant’s mental state at the time of the crime. MCR 6.304(D); MCL 330.2050(1).

The defendant may secure an independent psychiatric evaluation by a clinician of his or her choice on the issue of his or her insanity at the time the alleged offense was committed. MCL 768.20a(3). If the defendant is indigent and makes a showing of good cause, the trial court may order the county to pay for an independent psychiatric evaluation. Id.