Article 99

Where, under Article 21 of this Code, the Court finds that because of a mental impairment an offender is not guilty of any criminal offence, or is guilty but his punishment is unrestrictedly reduced or no punishment is imposed on him, the Court shall determine whether the offender is presently suffering from any mental impairment that causes the offender to be in need of treatment or to be dangerous to the public or to other persons.

Where the Court determines that the offender is not dangerous to others or the public but is in need of treatment, the Court may order that the offender be provided appropriate supervision or treatment by the proper authorities or that the offender be released into the care and supervision of family members or other appropriate persons.

Where the Court determines that the offender is dangerous to the public or to other persons, the Court shall order his confinement in a suitable institution.

An offender confined under sub-Article (3) may not be held for a period of time exceeding the maximum term of imprisonment allowed for the crimes for which he was held not responsible.

The Court shall review a confinement imposed under sub-Article (3) at least yearly, and may order the offender’s release upon finding that the offender is no longer dangerous to the public or others.