NGRI Commitment

Not Guilty by Reason of Insanity (NGRI) commitments are when a person was originally charged with a crime, later acquitted by reason of insanity and then civilly committed. This area of law centers upon expert opinions and forensic risk assessments, and involves complex litigation as a result. 

A common misconception is that NGRI is a loophole or an easy way out of the criminal system. This is not true for several reasons. First, a NGRI finding must be supported by expert opinion from at least one expert. Second, the accused must prove the defense and carries the burden to establish an insanity defense. In other words, an accused person may be presumed innocent but they are never presumed not guilty by reason of insanity. Finally, the standard itself is a high standard because generally the accused must be unable to perceive the nature and quality of the act; or unable to tell right from wrong with regards to that act. RCW 9A.12.010. It is extremely rare for a case to result in NGRI as a result.

Another historical barrier was that many lawyers traditionally avoided an NGRI finding, even when an expert supported the defense because of the uncertainties as to how long their client would be civilly committed. For these reasons, lawyers and courts understand that NGRI is not a loophole or mere technicality. 

After being found NGRI and committed, a layer can ensure their client receives adequate care, individualized treatment, basic privileges, conditional releases and unconditional releases. Patients only receive privileges or release when an expert's opinion supports safety and there is a finding that the patient does not present the substantial danger to the community under RCW 10.77. By bringing these cases to light, litigators are challenging what was once a centuries-old practice of confining the mentally disabled at any cost and are instead advocating for treatment, common sense and hope.

If you are a criminal defense lawyer with questions about the NGRI process or interested in a training about what practitioners need to know about NGRI, do not hesitate to contact John Chase.