The not guilty by reason of insanity verdict means that the defendant is absolved from criminal responsibility and devoid of any criminal record for the offense. However, it does notmean that the defendant is free to return to society.
In several states and federally, a defendant who is found not guilty by reason of insanity is automatically committed to a treatment facility until there is a determination that mental health has been restored. 1 This is also the Model Penal Code approach. As the Model Penal Code states in § 4.08(1), “[w]hen a defendant is acquitted on the ground of mental disease or defect excluding responsibility, the Court shall order him to be committed to the custody of the Commissioner of Mental Hygiene [Public Health] to b e placed in an appropriate institution for custody, care and treatment.”
Other states have a hearing on sanity after the judgment or verdict of not guilty by reason of insanity is returned. If the defendant is deemed mentally competent at the hearing, he or she is released. If the defendant is found mentally ill at the hearing, he or she is committed to the appropriate treatment facility. 2
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