HARRY HUGHES, Governor                                    647

"INSANE" MEANS NOT RESPONSIBLE FOR CRIMINAL CONDUCT
UNDER THE RULE SET FORTH IN § 12-107 OF THIS TITLE.

REVISOR'S NOTE: This subsection is new language added
to permit concise reference to defendants who
raise the defense of insanity and individuals who
are not guilty because of insanity.

The word "insane" is intended to include the
other forms of that word that are used in this
title.

(E)  JAIL.

"JAIL" MEANS A JAIL, DETENTION CENTER, OR CORRECTIONAL
FACILITY..

REVISOR'S NOTE: This subsection is new language added
to avoid repetition of the phrase "jail,
detention center, or correctional facility".

(F)  MENTAL DISORDER.

(1)   "MENTAL DISORDER" MEANS:

(I)  A MENTAL ILLNESS THAT SO SUBSTANTIALLY
IMPAIRS THE MENTAL OR EMOTIONAL FUNCTIONING OF AN INDIVIDUAL
AS TO MAKE CARE OR TREATMENT NECESSARY OR ADVISABLE FOR THE
WELFARE OF THE INDIVIDUAL OR FOR THE SAFETY OF THE PERSON OR
PROPERTY OF ANOTHER; OR

(II)  ANY OTHER FORM OF BEHAVIORAL OR
EMOTIONAL ILLNESS THAT RESULTS FROM A PSYCHIATRIC OR
NEUROLOGICAL DISORDER.

(2)   "MENTAL DISORDER" DOES NOT INCLUDE:

(I)  MENTAL RETARDATION; OR

(II)   IN DETERMINING WHETHER A DEFENDANT IS
INSANE, AN ABNORMALITY THAT IS MANIFESTED ONLY BY REPEATED
CRIMINAL OR OTHERWISE ANTISOCIAL CONDUCT.

REVISOR'S NOTE: Paragraph (1) of this subsection is new
language that combines, without substantive
change, the first sentence of former Article 59,
§ 3(f) and the first sentence of (g).

Paragraph (2) of this subsection is new language
derived without substantive change from the first
clause of the second sentence of former Article
59, § 3(f) and the second sentence of § 25(a).

The term "mental illness" and its derivatives