§  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.
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