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Judge explains NGRI and inpatient-default rules as court refers an insanity issue for further review
Summary
Defense counsel and the court discussed whether a finding of insanity at the time of the offense requires automatic commitment; the judge explained that for violent offenses inpatient commitment is the statutory default but that testimony and medical opinion can alter that outcome, and the court referred the issue for a hearing with magistrate's court.
Counsel and the court debated the legal consequences of a finding of insanity at the time of the offense and whether that result requires automatic commitment to a state hospital.
Defense counsel asked whether a plea or trial could proceed when a doctor had found a defendant insane at the time of the offense. The judge explained, “Well, what I can tell you is according to the law, if it's a violent offense, you are supposed to be committed to an institution. However, if you're already under medical care and the judge through testimony from experts determine that you're not a danger, then they may decide not to place you in an institution.” The court then referred the matter for a procedural hearing to determine objections and to permit the parties to consult experts and the magistrate's court about potential placement. The judge instructed the clerk to transfer the matter and set a date to allow the parties to discover from the doctor whether institutional commitment would be sought.
