A person hospitalized committed under section 103, or the person's spouse or next of kin, may petition the Superior Court for the county in which that person is hospitalized committed for a hearing under subsection 1. Upon receiving the petition, the court shall request and must be furnished by the Commissioner of Health and Human Services a report on the mental condition of that person, as described in subsection 1. A hearing must be held on each petition, and release or discharge, if ordered, must be in accordance with subsection 1. If release or discharge is not ordered, a petition may not be filed again for the release or discharge of that person for 6 months. Any person released under subsection 1 or the person's spouse or next of kin may at any time after 6 months from the release petition the Superior Court for the county in which that person was hospitalized committed for that person's discharge under subsection 1. If discharge is not ordered, a petition for discharge may not be filed again for 6 months.

Sec. 5. 17-A MRSA §39, sub-§1, as amended by PL 1985, c. 796, §5, is further amended to read:

1. A defendant is not criminally responsible by reason of insanity if, at the time of the criminal conduct, as a result of mental disease or defect, he the defendant lacked substantial capacity to appreciate the wrongfulness of his the criminal conduct. The defendant shall have the burden of proving, by a preponderance of the evidence, that he lacks criminal responsibility as described in this subsection.

Sec. 6. 17-A MRSA §39, sub-§3 is enacted to read:

3.__Lack of criminal responsibility by reason of insanity is an affirmative defense.

Sec. 7. 17-A MRSA §40, as amended by PL 1985, c. 796, §6, is further amended to read:

§40. Procedure upon plea of not guilty coupled with plea of not

criminally responsible by reason of insanity

1. When the defendant enters a plea of not guilty together with a plea of not criminally responsible by reason of insanity, he the defendant shall also elect whether the trial shall must be in 2 stages as provided for in this section, or a unitary trial