(a) (1) If a defendant intends to rely on a plea of not criminally responsible, the defendant or defense counsel shall file a written plea alleging, in substance, that when the alleged crime was committed, the defendant was not criminally responsible by reason of insanity under the test for criminal responsibility in § 3-109 of this title.
(2) A written plea of not criminally responsible by reason of insanity shall be filed at the time provided for initial pleading, unless, for good cause shown, the court allows the plea to be filed later.
(b) The defendant has the burden to establish, by a preponderance of the evidence, the defense of not criminally responsible.
(c) If the trier of fact finds that the State has proved beyond a reasonable doubt that the defendant committed the criminal act charged, then, if the defendant has pleaded not criminally responsible, the trier of fact separately shall find whether the defendant has established, by a preponderance of the evidence, that the defendant was at the time criminally responsible or not criminally responsible by reason of insanity under the test for criminal responsibility in § 3-109 of this title.
(d) A court may not enter a verdict of not criminally responsible unless the defendant or defense counsel has filed a written plea under subsection (a) of this section.
Structure Maryland Statutes
Title 3 - Incompetency and Criminal Responsibility in Criminal Cases
Section 3-102 - Secretary to Adopt Regulations
Section 3-103 - Interpreters for Proceedings
Section 3-104 - Court to Determine Competence
Section 3-105 - Examination of Defendant by Health Department
Section 3-106 - Finding of Incompetency
Section 3-107 - Dismissal of Charges
Section 3-108 - Reports on Incompetent Persons
Section 3-109 - Test for Criminal Responsibility
Section 3-110 - Not Criminally Responsible -- Plea and Verdict
Section 3-111 - Not Criminally Responsible -- Examination
Section 3-112 - Not Criminally Responsible -- Commitment
Section 3-113 - Report on Committed Persons
Section 3-114 - Eligibility for Release
Section 3-115 - Release Hearing
Section 3-116 - Report of Office
Section 3-117 - Court Review of Report of Office
Section 3-118 - Court Action on Report of Office
Section 3-119 - Application for Release
Section 3-120 - Conditional Release Request by Health Department
Section 3-121 - Allegations of Violations of Conditional Release
Section 3-122 - Application for Change in Conditional Release