9.55 Jury instruction on the disposition of a defendant when the jury is instructed on the absence of criminal responsibility

When a criminal trial involves a claim that the defendant was not responsible for their actions due to mental illness or intellectual disability, the jury has to decide this issue along with guilt or innocence. This rule says that either side (the prosecution or the defense) can ask the judge to tell the jury what will actually happen to the defendant depending on which verdict they choose.

This means the jury will learn what happens if they find the defendant "not guilty by reason of mental illness or retardation" or "guilty but mentally ill." Without this information, jurors might not understand that these verdicts do not mean the person goes free. They may not know the person could still be committed to a mental health facility or receive treatment while in custody.

The point of this rule is to help jurors make informed decisions. By knowing the real world outcome of each possible verdict, jurors can better understand what their choice actually means for the defendant, instead of guessing or assuming the wrong thing.