The verdict of the jury must be entered upon the minutes and thereupon the court must make and cause to be entered an order reciting the fact of such inquiry and the result thereof, and when it is found that the defendant is insane because of a mental illness which causes the person to be presently unable (1) to have a rational understanding as to why he or she is being executed and (2) to have a rational understanding that he or she is to be executed and that execution is imminent, the court shall order the Department of Mental Health and Substance Abuse Services to provide, where the defendant is currently incarcerated, treatment, therapy or training which is calculated to allow the defendant to be restored to his or her sanity such that the defendant is able (1) to have a rational understanding as to why he or she is being executed and (2) to have a rational understanding that he or she is to be executed and that execution is imminent. The Department of Mental Health and Substance Abuse Services may designate a willing entity to provide such restoration services on behalf of the Department, provided the entity has qualified personnel.
R.L. 1910, § 5973. Amended by Laws 1913, c. 113, p. 207, § 5; Laws 2018, c. 290, § 1, emerg. eff. May 10, 2018.
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