Devi Silvia, the 34-year-old woman who threw her 19-month-old baby into the Hudson last year in a botched murder-suicide attempt, is being offered the chance to plead not guilty by reason of insanity, DNAinfo reports. Silvia had already been diagnosed as being bipolar after being taken into police custody.

Silvia, an Indian citizen who moved to the States with her husband initially was reported to have thrown her baby into the frigid waters in May 2010 as a means to upset her husband (whom she had followed as his jobs took him from Chicago to California to the Upper West Side). Until today she was facing charges of attempted murder, assault, reckless endangerment, and endangering the welfare of a child. If she accepts the plea (it'll be officially offered December 2) she "will be automatically committed to a state psychiatric center for a six month period and then reevaluated to determine whether she should remain in a treatment center and for how long."

Since June 2010 Silvia has been released to an outpatient psychiatric treatment program and has been receiving treatment since, prosecutors say.