US Laws, Codes, Statutes & Cases

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 25
                                   JUDGMENT
    19-2523.  CONSIDERATION OF MENTAL ILLNESS IN SENTENCING. (1) Evidence of
mental condition shall be received, if offered, at the time of sentencing of
any person convicted of a crime. In determining the sentence to be imposed in
addition to other criteria provided by law, if the defendant's mental
condition is a significant factor, the court shall consider such factors as:
    (a)  The extent to which the defendant is mentally ill;
    (b)  The degree of illness or defect and level of functional impairment;
    (c)  The prognosis for improvement or rehabilitation;
    (d)  The availability of treatment and level of care required;
    (e)  Any risk of danger which the defendant may create for the public, if
    at large, or the absence of such risk;
    (f)  The capacity of the defendant to appreciate the wrongfulness of his
    conduct or to conform his conduct to the requirements of law at the time
    of the offense charged.
    (2)  The court shall authorize treatment during the period of confinement
or probation specified in the sentence if, after the sentencing hearing, it
concludes by clear and convincing evidence that:
    (a)  The defendant suffers from a severe and reliably diagnosable mental
    illness or defect resulting in the defendant's inability to appreciate the
    wrongfulness of his conduct or to conform his conduct to the requirements
    of law;
    (b)  Without treatment, the immediate prognosis is for major distress
    resulting in serious mental or physical deterioration of the defendant;
    (c)  Treatment is available for such illness or defect;
    (d)  The relative risks and benefits of treatment or nontreatment are such
    that a reasonable person would consent to treatment. (of the offense
    charged.)
    (3)  In addition to the authorization of treatment, the court shall
pronounce sentence as provided by law.