Florida S1326 removes the insanity defense and modifies mental health considerations in criminal prosecutions.

Florida S1326 eliminates the insanity defense in criminal prosecutions, removing the option for defendants to argue they were mentally unfit at the time of the crime. It also mandates that experts assessing a defendant's mental competence use a recognized instrument to check for malingering and include these results in their reports. Additionally, the bill allows for specialized mental health treatment for convicted defendants, though this treatment cannot be used as a reason to deviate from the standard sentencing range. The changes take effect on October 1, 2026.

Florida S1326 removes the insanity defense and modifies mental health considerations in criminal prosecutions.

Florida S1326 eliminates the insanity defense in criminal prosecutions, removing the option for defendants to argue they were mentally unfit at the time of the crime. It also mandates that experts assessing a defendant's mental competence use a recognized instrument to check for malingering and include these results in their reports. Additionally, the bill allows for specialized mental health treatment for convicted defendants, though this treatment cannot be used as a reason to deviate from the standard sentencing range. The changes take effect on October 1, 2026.