Dispositions Following a Successful Insanity Defense and Risk Assessments

Abstract

Chapter 11 considers the dispositions and management of defendants who have been found not guilty by reason of insanity (NGRI). A common misperception is that defendants found NGRI are released back into the community upon completion of the trial. The reality is that they are typically placed in a secure psychiatric setting where they will not be released until deemed non-dangerous by a presiding judge, which may result in them spending more time in the custody of the state than if they had been convicted of the crime with which they were charged. This chapter explores the dispositions of NGRI acquittees, the nature of these dispositions, the post-trial evaluations and judicial proceedings they must undergo to obtain release, bases for revoking authorized releases, and associated forensic mental health evaluations, risk assessments, and commonly identified risk factors.