Finding Of Not Guilty By Reason Of Insanity (Page 2 of 3) in pdf

Finding Of Not Guilty By Reason Of Insanity Page 2

OPTIONAL: The Court also heard the testimony of

Dr.

____________________________________

(examiners

name)

who

further

explained the reasons for the report’s conclusion that Defendant lacked criminal

responsibility for the offense(s) charged.

After reviewing all the evidence, I find that at the time of the commission of the

alleged offense, the Defendant, as a result of mental disease or defect, did not have the

capacity to distinguish moral or legal right from moral or legal wrong.

THEREFORE IT IS ORDERED that the Defendant is found Not Guilty by

reason of insanity of the charges.

IT IS FURTHER ORDERED, pursuant to S.C. Code Ann. §17-24-40,

Defendant is hereby committed to a facility designated by SCDMH for a period of

hospitalization not to exceed 120 days.

During that time, SCDMH shall examine

Defendant to determine Defendant’s need for continued hospitalization, and provide such

treatment as is beneficial and necessary, pursuant to the standards set forth in S.C. Code

Ann. §44-17-580.

SCDMH shall make a report of its findings to the Chief

Administrative Judge of this judicial circuit, the Clerk of Court (for filing), the

Defendant’s attorney, and the Solicitor. Thereafter, the Chief Administrative Judge shall

conduct a hearing to determine Defendant’s ongoing custody status.

IT IS FURTHER ORDERED that the Defendant shall be immediately taken

into custody by the Sheriff, and the Sheriff’s office is hereby authorized and required to

transport defendant to the facility designated by SCDMH following confirmation that a

bed is available.

FILING, SERVICE, AND TRANSMITTAL OF THIS ORDER. It is the

responsibility of the solicitor to file and serve this order as outlined herein. After being

SCCA 222(a) (03/2013)

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Finding Of Not Guilty By Reason Of Insanity Page 2