2C:4-8. Commitment of a Person by Reason of Insanity.
a. After
acquittal by reason of insanity, the court shall order that the
defendant undergo a psychiatric examination by a psychiatrist of the
prosecutor's choice. If the examination cannot take place because of
the unwillingness of the defendant to participate, the court shall
proceed as in section 2C:4-5c. The defendant, pursuant to this section,
may also be examined by a psychiatrist of his own choice.
b. The court shall dispose of the defendant in the following manner:
(1)
If the court finds that the defendant may be released without danger
to the community or himself without supervision, the court shall so
release the defendant; or
(2)
If the court finds that the defendant may be released without danger
to the community or to himself under supervision or under conditions,
the court shall so order; or
(3)
If the court finds that the defendant cannot be released with or
without supervision or conditions without posing a danger to the
community or to himself, it shall commit the defendant to a mental
health facility approved for this purpose by the Commissioner of Human
Services to be treated as a person civilly committed. In all
proceedings conducted pursuant to this section and pursuant to section
N.J.S.2C:4-6 concerning a defendant who lacks the fitness to proceed,
including any periodic review proceeding, the prosecuting attorney shall
have the right to appear and be heard. The defendant's continued
commitment, under the law governing civil commitment, shall be
established by a preponderance of the evidence, during the maximum
period of imprisonment that could have been imposed, as an ordinary
term of imprisonment, for any charge on which the defendant has been
acquitted by reason of insanity. Expiration of that maximum period of
imprisonment shall be calculated by crediting the defendant with any
time spent in confinement for the charge or charges on which the
defendant has been acquitted by reason of insanity.
c. No person committed under this section shall be confined within any penal or correctional institution or any part thereof.
L.1978, c.95; amended 1979, c.178, s.15; 1981, c.290, s.9; 1996, c.133, s.2.
