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November 22, 2024 Mist | 44°F
The 193rd General Court of the Commonwealth of Massachusetts
  1. General Laws
  2. Part I ADMINISTRATION OF THE GOVERNMENT
  3. Title V MILITIA
  4. Chapter 33A MASSACHUSETTS CODE OF MILITARY JUSTICE
  5. Section 76B Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment

Section 76B

Section 76B: Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment

Article 76B. Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment.

(a) In the case of a person determined under this code to be presently suffering from a mental disease or defect rendering the person mentally incompetent to the extent that the person is unable to understand the nature of the proceedings against that person or to conduct or cooperate intelligently in the defense of the case, the general court-martial convening authority shall proceed in accordance with the General Laws applicable to the person's lack of capacity.

(b) If a person is found by a court-martial not guilty only by reason of lack of mental responsibility, the court-martial convening authority shall proceed in accordance with the General Laws applicable to the finding of not guilty by reason of lack of criminal responsibility due to mental illness or mental defect.