§ 220.15 Plea; plea of not responsible by reason of mental disease or

defect.

1. The defendant may, with both the permission of the court and the
consent of the people, enter a plea of not responsible by reason of
mental disease or defect to the entire indictment. The district attorney
must state to the court either orally on the record or in a writing
filed with the court that the people consent to the entry of such plea
and that the people are satisfied that the affirmative defense of lack
of criminal responsibility by reason of mental disease or defect would
be proven by the defendant at a trial by a preponderance of the
evidence. The district attorney must further state to the court in
detail the evidence available to the people with respect to the offense
or offenses charged in the indictment, including all psychiatric
evidence available or known to the people. If necessary, the court may
conduct a hearing before accepting such plea. The district attorney
must further state to the court the reasons for recommending such plea.
The reasons shall be stated in detail and not in conclusory terms.

2. Counsel for the defendant must state that in his opinion defendant
has the capacity to understand the proceedings and to assist in his own
defense and that the defendant understands the consequences of a plea of
not responsible by reason of mental disease or defect. Counsel for the
defendant must further state whether in his opinion defendant has any
viable defense to the offense or offenses charged in the indictment
other than the affirmative defense of lack of criminal responsibility by
reason of mental disease or defect. Counsel for the defendant must
further state in detail the psychiatric evidence available to the
defendant with respect to such latter affirmative defense.

3. Before accepting a plea of not responsible by reason of mental
disease or defect, the court must address the defendant in open court
and determine that he understands each of the following:

(a) The nature of the charge to which the plea is offered, and the
consequences of such plea;

(b) That he has the right to plead not guilty or to persist in that
plea if it has already been entered;

(c) That he has the right to be tried by a jury, the right to the
assistance of counsel, the right to confront and cross-examine witnesses
against him, and the right not to be compelled to incriminate himself;

(d) That if he pleads not responsible by reason of mental disease or
defect there will be no trial with respect to the charges contained in
the indictment, so that by offering such plea he waives the right to
such trial;

(e) That if he pleads not responsible by reason of mental disease or
defect the court will ask him questions about the offense or offenses
charged in the indictment and that he will thereby waive his right not
to be compelled to incriminate himself; and

(f) That the acceptance of a plea of not responsible by reason of
mental disease or defect is the equivalent of a verdict of not
responsible by reason of mental disease or defect after trial.

4. The court shall not accept a plea of not responsible by reason of
mental disease or defect without first determining that there is a
factual basis for such plea. The court must address the defendant
personally in open court and determine that the plea is voluntary,
knowingly made, and not the result of force, threats, or promises. The
court must inquire whether the defendant's willingness to plead results
from prior discussions between the district attorney and counsel for the
defendant. The court must be satisfied that the defendant understands
the proceedings against him, has sufficient capacity to assist in his
own defense and understands the consequences of a plea of not
responsible by reason of mental disease or defect. The court may make
such inquiry as it deems necessary or appropriate for the purpose of
making the determinations required by this section.

5. Before accepting a plea of not responsible by reason of mental
disease or defect, the court must find and state each of the following
on the record in detail and not in conclusory terms:

(a) That it is satisfied that each element of the offense or offenses
charged in the indictment would be established beyond a reasonable doubt
at a trial;

(b) That the affirmative defense of lack of criminal responsibility
by reason of mental disease or defect would be proven by the defendant
at a trial by a preponderance of the evidence;

(c) That the defendant has the capacity to understand the proceedings
against him and to assist in his own defense;

(d) That such plea by the defendant is knowingly and voluntarily made
and that there is a factual basis for the plea;

(e) That the acceptance of such plea is required in the interest of
the public in the effective administration of justice.

6. When a plea of not responsible by reason of mental disease or
defect is accepted by the court and recorded upon the minutes, the
provisions of section 330.20 of this chapter shall govern all subsequent
proceedings against the defendant.