Bill would eliminate `not guilty by insanity'; Evangelidis: `Current laws that allow ... (plea) are simply crazy'.

Byline: Gary V. Murray

WORCESTER - Backed by a phalanx of police officers, state Rep. Lewis G. Evangelidis yesterday unveiled legislation that would eliminate not guilty by reason of insanity as a verdict option in murder cases and replace it with one of guilty but insane.

Billed as "Jupin's Law," in memory of slain Westminster Police Officer Lawrence M. Jupin, the proposal would require that murder suspects found guilty but insane spend at least 10 years in a secure mental health facility, followed by annual reviews to determine whether they continue to pose a danger to themselves or others.

Mr. Evangelidis, R-Holden, who was joined at a press conference on the steps of the Worcester Trial Court yesterday afternoon by state Sen. Jennifer L. Flanagan, D-Leominster, and several law enforcement officials, said colleagues of Officer Jupin asked him to look into changing the laws related to insanity pleas after Jason Rivers of Fitchburg, the man charged with killing the officer, was found not guilty by reason of insanity Sept. 1.

Mr. Rivers is under a six-month commitment at Bridgewater State Hospital, after which his mental status will be subject to annual reviews.

"I believe that the current laws that allow someone to be found not guilty by reason of insanity are simply crazy. It is outrageous that a murderer could be released from incarceration after only a few months or years of treatment in a hospital setting without any criminal record whatsoever," Mr. Evangelidis said.

The legislation would not prohibit verdicts of not guilty by reason of insanity for crimes other than murder.

The bill would require that anyone released from the hospital after being found guilty but insane on a murder charge be placed on probation for not less than five years with "intensive treatment" as a condition of probation.

Noncompliance with the probationary terms could result in recommitment to Bridgewater State Hospital.

Westminster Detective Ralph LeBlanc, who was present when his partner, Officer Jupin, was shot on the morning of May 10, 1999, during a chase in woods off Route 31, said the slaying was "a lesson to society that the law needs to change."

"The events that took place on May 10, 1999, and the years following were surreal," he said. Officer Jupin lapsed into a coma about two weeks after the shooting and died in 2002 at the age of 34.

"The tragic death and the subsequent trial of Mr. Rivers did magnify the inadequacies of our insanity laws, which must be rectified. There is a fine line to balance when dealing with defendants who are mentally ill, but I feel as though this legislation is a fair solution to protect public safety while safeguarding the rights of mentally ill criminals," Mr. Evangelidis said.

He said that four states have done away with not guilty by reason of insanity verdicts altogether and four others have adopted laws similar to the one he has proposed.

Ms. Flanagan, chairman of the Committee on Mental Health and Substance Abuse, said after the press conference that she expected some initial resistance to the bill by advocates for the mentally ill because of its newness and lack of exposure.

District Attorney Joseph D. Early Jr. said the legislation may need some revisions, but that he supported the idea of requiring a minimum 10-year hospital commitment for anyone found guilty but insane in a murder case.

Mr. Evangelidis said "Jupin's Law" had been endorsed by several police departments in northern Worcester County, as well as

other law enforcement groups.

ART: PHOTO

CUTLINE: Officer Jupin