A defendant is found Not Guilty by Reason of Insanity (NGRI) 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. Persons found NGRI 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, the defendant might describe suffering from delusions or hallucinations that directly led them to commit the offense. If the court finds the person NGRI, then the person is committed to the custody of DSHS. and is likely to be admitted to a DSHS state institution or facility that provides treatment to those found NGRI, including Eastern State Hospital, Western State Hospital, or Maple Lane Campus – Columbia Unit.
In 2010, a series of new state laws added restrictions to the release process for NGRI patients. The new laws generally required the NGRI patients to obtain a court order to leave the facility, including for family visits or taking a walk unescorted on facility grounds, even if doctors recommend this for treatment and recovery. These laws also created 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. This panel provides an additional layer of review for consideration of greater community access for NGRI patients outside of secured areas of the state psychiatric facilities.
Because the changes in the law delayed the treatment and recovery process, plaintiffs brought the lawsuit—now referred to as the Ross Settlement— to ensure timely clinical decision-making while respecting the safety of patients and the public. As a result of the Ross settlement Behavioral Health Administration and the facilities have either updated or created new policies that address: individualized treatment and release planning with patient participation; access to privileges in the community; review and release processes; and patient rights for property, dignity, and fairness.
A new community access privilege system focused on risk assessment and risk reduction is central to treatment planning for progress through privileges toward community reintegration.