NGRI Commitment

Not Guilty by Reason of Insanity (NGRI) commitments arise when someone is charged with a crime, found not guilty by reason of insanity, and then committed through a civil process. These cases often involve expert psychiatric opinions, forensic risk assessments, and complex litigation.

A common misconception is that an NGRI verdict is a loophole or an “easy way out.” In practice, it is difficult to establish for several reasons:

1. The finding must be supported by expert opinion (typically from at least one qualified expert).
2. The defense bears the burden of proof. A person may be presumed innocent, but never presumed not guilty by reason of insanity.
3. The legal standard is high. Generally, the person must have been unable to perceive the nature and quality of the act, or unable to tell right from wrong with respect to the act. RCW 9A.12.010.

For these reasons, courts and practitioners do not view NGRI as a technicality, and NGRI findings are relatively rare.

Historically, another barrier existed: even when an expert supported the defense, some lawyers avoided pursuing an NGRI finding because it was difficult to predict how long a client might remain civilly committed. After an NGRI verdict and commitment, however, effective advocacy can help ensure a client receives appropriate care, individualized treatment, basic privileges, and—when supported by expert opinion—conditional or unconditional release. Under RCW 10.77, release decisions turn on whether the patient presents a substantial danger to the community.

By bringing these cases to light, litigators can challenge long-standing practices that prioritized confinement over treatment—and instead advocate for evidence-based care, common sense, and a more efficient use of valuable resources.

If someone you love is facing a potential NGRI finding, your firm is interested in training on 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 discuss what you need to know to pursue the best possible outcome.