§ 7-11-304 — Responsibility for criminal conduct; plea; examination; commitment; use of statements by defendant

Wyoming § 7-11-304

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 11: TRIAL AND MATTERS INCIDENT THERETO
• Art. 3: MENTAL ILLNESS OR DEFICIENCY

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(a) A person is not responsible for criminal conduct if at
the time of the criminal conduct, as a result of mental illness
or deficiency, he lacked substantial capacity either to
appreciate the wrongfulness of his conduct or to conform his
conduct to the requirements of law. As used in this section, the
terms mental illness or deficiency mean only those severely
abnormal mental conditions that grossly and demonstrably impair
a person's perception or understanding of reality and that are
not attributable primarily to self-induced intoxication as
defined by W.S. 6-1-202(b).
(b) As used in this section, the terms "mental illness or
deficiency" do not include an abnormality manifested only by
repeated criminal or otherwise antisocial conduct.
(c) Evidence that a person is not responsible for criminal
conduct by reason of mental illness or deficiency is not
admissible at the trial of the defendant unless a plea of "not
guilty by reason of mental illness or deficiency" is made. A
plea of "not guilty by reason of mental illness or deficiency"
may be pleaded orally or in writing by the defendant or his
counsel at the time of his arraignment. The court, for good
cause shown, may also allow that plea to be entered at a later
time. Such a plea does not deprive the defendant of other
defenses.
(d) In all cases where a plea of "not guilty by reason of
mental illness or deficiency" is made, the court shall order an
examination of the defendant by a designated examiner. The
order may include, but is not limited to, an examination of the
defendant at the Wyoming state hospital on an inpatient or
outpatient basis, at a local mental health center on an
inpatient or outpatient basis, or at his place of detention. In
selecting the examination site, the court may consider proximity
to the court, availability of an examiner and the necessity for
security precautions. If the order provides for commitment of
the defendant to a designated facility, the commitment shall
continue no longer than a forty-five (45) day period for the
observation and evaluation of the mental condition of the
defendant, which time may be extended by the approval of the
court.
(e) If an examination of a defendant's fitness to proceed
has been ordered pursuant to W.S. 7-11-303, an examination
following a plea of "not guilty by reason of mental illness or
deficiency" shall not occur, or be ordered, until the court has
found the defendant is competent to proceed under W.S. 7-11-303.
(f) A written report of the examination shall be filed
with the clerk of court. The report shall include:
(i) Detailed findings, including, but not limited to,
the data and reasoning that link the opinions specified in
paragraphs (ii) and (iii) of this subsection;
(ii) An opinion as to whether the defendant has a
mental illness or deficiency;
(iii) An opinion as to whether at the time of the
alleged criminal conduct the defendant, as a result of mental
illness or deficiency, lacked substantial capacity to appreciate
the wrongfulness of his conduct or to conform his conduct to the
requirements of law.
(g) The clerk of court shall deliver copies of the report
to the district attorney and to the defendant or his counsel.
The report shall not be a public record or open to the public.
If an examination provided under subsection (d) of this section
was conducted, the report may be received in evidence and no new
examination shall be required unless requested under this
subsection. Within five (5) days after receiving a copy of the
report, the defendant or the state, upon written request, may
obtain an order granting an examination of the defendant by a
designated examiner chosen by the requester of the examination.
(h) Except as otherwise provided in this subsection, no
statement made by the defendant in the course of any examination
or treatment pursuant to this section and no information
received by any person in the course thereof is admissible in
evidence in any criminal proceeding on any issue other than that
of the mental condition of the defendant. If the defendant
testifies in his own behalf, any statement made by him in the
course of any examination or treatment pursuant to this section
may be admitted:
(i) For impeachment purposes; or
(ii) As evidence in a criminal prosecution for
perjury.