A defendant is found not guilty by reason of insanity and acquitted of the charge(s) against them when the court determines the person was not able to tell right from wrong due to their mental state at the time of the offense.
These types of forensic patients typically experienced severe symptoms of mental illness at the time of the offense, which gravely impaired their capacity to perceive reality or think clearly.
For example, they might describe suffering from delusions or hallucinations that directly led them to commit the offense. If the court finds the person NGRI, the person is committed to the custody of DSHS and is usually admitted to a DSHS facility that provides treatment to those found NGRI, including Eastern State Hospital, Western State Hospital, or Maple Lane Campus – Columbia Unit or Cascade Unit. Length of inpatient commitment varies, depending on progress toward mitigating risk factors to ensure safe return to community living.
Release process for NGRI patients
While inpatient, review processes and a court order for conditional release that imposes specific conditions are needed in order for NGRI patients to have certain community access, specifically: unescorted grounds privileges, staff-escorted community outings, and unescorted community outings – day and overnight. For patients to be released from an inpatient NGRI program to live in the community, review processes occur, and a court must issue a court order for conditional release that imposes specific conditions. Common conditions include minimum requirements for a place of residence, participating in outpatient behavioral health treatment, undergoing substance use assessments and following recommended treatment. By law, conditional release to community living requires a transition team which includes a DSHS representative who also serves as a care coordinator, a Department of Corrections representative who is a specially trained community corrections officer, and a behavioral health agency representative, unless otherwise ordered by court.
A person acquitted NGRI may be granted an unconditional release following a review process and a court granting an order for unconditional release after determining that they no longer require DSHS and court oversight in order to remain safe in the community.
One of the required reviews for inpatient conditional release for community access privileges, conditional release to community living and unconditional release is with the Public Safety Review Panel — an advisory panel composed of a psychiatrist, a psychologist, a prosecutor, a law enforcement representative, a consumer and family advocate representative, and a public defender. Panel members are appointed by the governor, and their review provides an additional layer of review for consideration of greater community access for NGRI patients.
In making decisions about whether or not to grant court orders for inpatient conditional release for community access privileges, conditional release to community living or unconditional release, courts may consider input from the Public Safety Review Panel, defense attorneys, prosecuting attorneys, the Behavioral Health Administration, and other sources.