Acquittal: Order for Civil Commitment

In any case in which evidence of mental illness, disease or defect has been introduced pursuant to the provisions of § 7.19 and in which the defendant is acquitted, the court may order an evaluation of his condition and initiation of proceedings pursuant to the provisions of 10 GCA Chapter 82. SOURCE: M.P.C. 4.08; *Cal. § 534 (T.D. 2 1968); Mass. ch. 263, § 27 (d); N.J. § 2C:4-8. CROSS-REFERENCES: 10 GCA Chapter 82, Mentally Ill Persons. COMMENT: Again, this Section is new to Guam. For the first time, it allows the court to initiate proceedings of a civil nature if a defendant is acquitted by reason of his mental condition. Such has never existed before with the result that persons acquitted by reason of their mental condition are wholly free from any further government action against them. Past acquittals by reason of mental disease, illness or defect have had the same result as a blanket acquittal.