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, forensic risk assessments, and complex litigation. 

A misconception is that NGRI is a loophole or easy way out of the criminal system. This is not true for several reasons. First, the NGRI finding must be supported by expert opinion from at least one expert. Second, the accused must prove the defense and carry the burden of proof. In other words, an accused person is presumed innocent, but they are not presumed not guilty by reason of insanity. Finally, the standard itself is a high standard because generally the accused must have been 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. For these reasons, lawyers and courts understand that NGRI is not a loophole or technicality and it is rare for a person to be found NGRI. 

Another historical barrier was that many lawyers 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. Without effective representation after commitment, their apprehension was understandable. However, after being found NGRI and committed, a dedicated lawyer can ensure their client receives adequate care, individualized treatment, basic privileges, conditional releases and unconditional release when supported by expert opinion and a finding that the patient does not present a 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 instead advocate for treatment, common sense and hope for their clients.

If someone you love is facing an NGRI finding, your law firm is interested in a training on what to know about NGRI commitments, or you are a criminal defense lawyer with questions about the NGRI process for a hypothetical client, please contact Chase Law PLLC to learn what you need to know to achieve the best possible outcome on the front end.