HARRY HUGHES, Governor                                     2667

This section replaces former Health - General Article, §
12-106, "Report on defendants committed as incompetent".
The Governor's Task Force to Review the Defense of Insanity
recommends, as the only substantive change to this section,
the addition of a new subsection (d) to require the
recording of an escape by any individual committed to the
Department as incompetent to stand trial. The Task Force
believes this information is needed for better protection of
the public and for better institutional planning and
analysis by this State.

12-108. CRIMINAL RESPONSIBILITY FOR CRIMINAL CONDUCT -- TEST FOR
INSANITY.

(A) TEST

IN GENERAL.

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

LAW.

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

(2)  TO CONFORM THAT CONDUCT TO THE REQUIREMENTS OF

(B) SAME -- EXCLUSION.

FOR PURPOSES OF THIS SECTION, "MENTAL DISORDER" DOES NOT
INCLUDE AN ABNORMALITY THAT IS MANIFESTED ONLY BY REPEATED
CRIMINAL OR OTHERWISE ANTISOCIAL CONDUCT.

TASK FORCE COMMENT TO § 12-108.

This section replaces former Health - General Article, §
12-107 and § 12-101(f). The following are the only
substantive changes recommended by the Governor's Task Force
to Review the Defense of Insanity.

In subsection (a) of this section, the phrase "not
criminally responsible" is substituted for the phrase "not
responsible" as being a more accurate statement of the
defendant's status under criminal law. The Task Force
recommends the adoption of this term to make clear to the
defendant, the jury, and to society that the defendant
remains morally and personally responsible for committing
criminal acts, but the State does not hold a defendant
subject to criminal punishment, if this test is met.

Subsection (b) of this section is newly transferred here
from its former placement in the definition section. The
Task Force recommends the inclusion here because of the
provision's specific application to this section and because
it is a substantive part of the test for criminal