§ 7-11-306 — Disposition of persons found not guilty by reason of mental illness or deficiency excluding responsibility

Wyoming § 7-11-306

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

Text

(a) After entry of a judgment of not guilty by reason of
mental illness or deficiency excluding responsibility, the court
shall, on the basis of evidence given at trial or at a separate
hearing, make an order as provided in subsection (b), (c) or (d)
of this section.
(b) If the court finds that the person is no longer
affected by mental illness or deficiency, or that he no longer
presents a substantial risk of danger to himself or others and
is not in need of care, supervision or treatment, the court
shall order him discharged from custody.
(c) If the court finds that the person is affected by
mental illness or deficiency and presents a substantial risk of
danger to himself or others, but can be controlled adequately
and given proper care, supervision and treatment if released on
supervision, the court shall order him released subject to the
supervisory orders of the court as are appropriate in the
interests of justice and the welfare of the defendant. The court
may appoint any person or state, county or local agency which
the court considers capable of supervising the person upon
release. Upon receipt of an order issued under this subsection,
the person or agency appointed shall assume the supervision of
the person pursuant to the direction of the court. Conditions of
release in the order of the court may be modified from time to
time and supervision may be terminated by order of the court. If
upon a hearing the state shows by a preponderance of the
evidence that the person released on supervision under this
subsection can no longer be controlled adequately by
supervision, the court may order the person committed to the
Wyoming state hospital or other designated facility for custody,
care and treatment.
(d) If the court finds that the person is affected by
mental illness or deficiency and presents substantial risk of
danger to himself or others and that he is not a proper subject
for release or supervision, the court shall order him committed
to the Wyoming state hospital or other designated facility for
custody, care and treatment.
(e) Following the first ninety (90) days of commitment to
the Wyoming state hospital or other designated facility under
this section, if at any time the head of the facility is of the
opinion that the person is no longer affected by mental illness
or deficiency, or that he no longer presents a substantial risk
of danger to himself or others, the head of the facility shall
apply to the court which committed the person for an order of
discharge. The application shall be accompanied by a report
setting forth the facts supporting the opinion of the head of
the facility. Copies of the application and report shall be
transmitted by the clerk of the court to the district attorney.
The court shall hold a hearing on this matter as soon as
possible. If the state opposes the recommendation of the head
of the facility, the state has the burden of proof by a
preponderance of the evidence to show that the person continues
to be affected by mental illness or deficiency and continues to
present a substantial risk of danger to himself or others and
should remain in the custody of the designated facility.
(f) Ninety (90) days after the order of commitment, any
person committed to the designated facility under this section
may apply to the district court of the county from which he was
committed for an order of discharge upon the grounds that he is
no longer affected by mental illness or deficiency, or that he
no longer presents a substantial risk of danger to himself or
others. The application for discharge shall be accompanied by a
report of the head of the facility which shall be prepared and
transmitted as provided in subsection (e) of this section. The
court shall hold a hearing on this matter as soon as possible.
The applicant shall prove by a preponderance of the evidence his
fitness for discharge. An application for an order of discharge
under this subsection filed within six (6) months of the date of
a previous hearing shall be subject to summary disposition by
the court.
(g) If the court, after a hearing upon any application for
discharge, or application for modification or termination of
release on supervision, under subsections (c) through (f) of
this section, finds that the person is no longer affected by
mental illness or deficiency, or that he no longer presents a
substantial risk of danger to himself or others, the court shall
order him discharged from custody or from supervision. If the
court finds that the person is still affected by a mental
illness or deficiency and presents a substantial risk of danger
to himself or others, but can be controlled adequately if he is
released on supervision, the court shall order him released on
supervision as provided in subsection (c) of this section. If
the court finds that the person has not recovered from his
mental illness or deficiency and presents a substantial risk of
danger to himself or others and cannot adequately be controlled
if he is released on supervision, the court shall order him
remanded for continued care and treatment.
(h) In any hearing under this section the court may
appoint one (1) or more designated examiners to examine the
person and submit reports to the court. Reports filed with the
court shall include, but need not be limited to, an opinion as
to the mental condition of the person and whether the person
presents a substantial risk of danger to himself or others. To
facilitate examination, the court may order the person placed in
the temporary custody of any designated facility. If neither the
district attorney nor the defendant or his counsel, if any,
contests the findings of the report filed with the court, the
court may make the determination on the basis of the report
filed with the court. If the report is contested, the court
shall hold a hearing on the issue. If the report is received in
evidence at the hearing, the party who contests the report has
the right to summon and to cross-examine the examiners who
submitted the report and to offer evidence upon the issue. Other
evidence regarding the person's mental condition may be
introduced by either party.