656

LAWS OF MARYLAND

Ch. 21

Subsection (c) of this section is revised to
clarify that recommendation is required only for
individuals eligible for release and not for each
individual in the report.

In subsection (c)(1) of this section, reference
to receipt of the report is added for clarity.

Defined terms: "Court" § 12-101
"Department" § 1-101

12-107. INSANITY -- TEST OF RESPONSIBILITY FOR CRIMINAL
CONDUCT.

A DEFENDANT IS NOT RESPONSIBLE FOR CRIMINAL CONDUCT IF,
AT THE TIME OF THAT CONDUCT, THE DEFENDANT, BECAUSE OF
MENTAL RETARDATION OR A MENTAL DISORDER, LACKS SUBSTANTIAL
CAPACITY:

(1)  TO APPRECIATE THE CRIMINALITY OF THAT
CONDUCT; OR

(2)  TO CONFORM THAT CONDUCT TO THE REQUIREMENTS
OF LAW.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first
sentence of former Article 59, § 25(a).

As to the addition of the words "mental
retardation", see revisor's note to § 12-101(f)
of this title...

Defined term: "Mental disorder" § 12-101

12-108. SAME -- PLEA.

(A)  TIME AND MANNER OF PLEADING.

A DEFENDANT OR DEFENSE COUNSEL SHALL RAISE THE DEFENSE
OF INSANITY BY A WRITTEN PLEA ALLEGING, IN SUBSTANCE, THAT
THE DEFENDANT WAS INSANE WHEN THE ALLEGED CRIME WAS
COMMITTED. THIS WRITTEN PLEA SHALL BE FILED AT THE TIME OF
INITIAL PLEADING, UNLESS, FOR GOOD CAUSE SHOWN, THE COURT
ALLOWS IT TO BE FILED LATER. THIS PLEA MAY BE MADE IN
ADDITION TO ANY OTHER LAWFUL PLEA.

(B)  SPECIAL VERDICT REQUIRED.

AT THE TRIAL OF ANY CASE IN WHICH A    PLEA OF INSANITY

HAS BEEN FILED, THE TRIER OF FACT SHALL  FIND, BY A SPECIAL

VERDICT, WHETHER THE DEFENDANT WAS INSANE  WHEN THE CRIME WAS
COMMITTED.