The Senate Tuesday put the final touches on a bill which expands criminal defenses concerning suspects suffering from mental illness.
Senate Bill 1214 was requested by Pottawatomie County District Attorney Richard Smothermon in reaction to a high profile murder case from 2012.
The legislation modifies the “not guilty by reason of insanity” defense by adding a “guilty but with mental defect” and “not guilty by reason of mental illness”. SB 1214 author, Senator Ron Sharp said the move get the treatment suspects need while still holding them responsible for their crimes.
“We’re seeing more and more people using the not guilty by reason of insanity defense even though their crimes are premeditated,” said Sharp. “These new defenses will ensure they get the treatment they need for their mental illness but still go to prison so they can be held accountable for their crimes.”
According to Sharp, a plea of guilty with mental defect will result in the same sentence imposed on someone else convicted of the same crime. However, if that particular defense is used the guilty party will be required to undergo mental evaluations and get treatment as a condition of probation. While on probation, the person convicted will have to file a psychiatric report with his or her probation officer and the courts every six months.
It was the murder of Generro Sanchez by Jerrod Murray which led Smotherman to request the bill. Murray admitted he killed his East Central University classmate just to see what if felt like to kill someone, but used the “not guilty by reason of insanity” defense. Instead of prison, Murray is now in a state mental institution until he is deemed to not be a danger to society or himself.
If signed into law, SB 1214 would take effect on November 1, 2016.
