A bill designed to alleviate jury confusion in the plea process confused legislators Thursday during a debate that lasted more than an hour.
Sen. Peter Wirth‘s SB 216 seeks to eliminate the “guilty but mentally ill” plea, leaving only guilty, not guilty and not guilty by reason on insanity.
Sens. Clint Harden and Dianna Duran both admitted confusion as the discussion turned from criminal courts to mental illness.
“One of the intricate details in mental illness, is that it is not a perfect science,” Sen. Sue Wilson Beffort said. “I guess what concerns many of us is what would stop the defense lawyers from claiming mental illness and then, of course, the consequence could be dangerous people out on the streets.”
Wirth defended his bill saying, “We have not had one finding in New Mexico of an insanity defense.” He said the “guilty but mentally ill” plea is a rarely used plea that offers no differentiation in conviction to those accepting the plea.
“The jury feels that if the individual is found guilty but mentally ill, the individual will receive treatment,” Wirth said, adding that juries aren’t told that defendants won’t get additional treatment.
Senator Rod Adair, who voted against the bill in an earlier committee meeting, objected to the bill saying, “We could have a statute that tells the jury what they need to know about this plea. We could have the statute rewritten so that it mandates treatment but they would pay for the crime. These are tremendous options, instead of doing this.”
Ultimately, the bill passed by a vote of 22-19, and now goes to the House for further debate.