Currently, when a defendant is charged capitally, there is a two part trial. The first part of the trial is the guilt / innocence phase, in which evidence is presented to a jury on whether a defendant committed the crime, and if so, whether there are any defenses which preclude a conviction for first degree murder. If a defendant is found guilty of first degree murder, there is a second phase of the trial, which is called the sentencing phase. In this phase, the State presents aggravating factors in support of the death penalty, and the defendant presents mitigating factors he hopes will sway the jury in favor of a life sentence. The United States Supreme Court requires the appointment of a psychiatrist and other experts for a defendant charged with capital murder where sanity at the time of the offense is an issue during the mitigation phase of the trial.
Under SB309, the State and the defendant may present evidence regarding serious mental disability to a Superior Court Judge before the jury trial begins. If the Judge determines a defendant was severely mentally disabled at the time of the crime, the case is declared non-capital, and the defendant becomes ineligible for the death penalty. SB 309 does not prohibit a defendant from presenting evidence of serious mental illness at other stages of the trial if the judge does not initially find the defendant is seriously mentally disabled. SB 309 allows the defendant to be criminally responsible, but caps his punishment at life without the possibility of parole. These protections will also apply to persons already on death row when the legislation goes into effect.
