Conditional release programs

These programs often bisect the mental health and criminal justice systems due to the legal status of persons acquitted NGRI. Because an insanity plea is an affirmative defense, defendants admit to factual guilt but are legally not responsible due to lack of mens rea. This dual responsibility can cause professional conflict and confusion, making the release of insanity acquittees a complex legal and procedural process.

None of this confusion surrounds parole or probation. While in most states an NGRI finding leads to an automatic inpatient evaluation, this is not the case in all states. A few states allow the judge discretion in bypassing an order for hospitalization.

Following an NGRI commitment, periodic reviews are conducted at intervals designated by state law: commonly 30 days, 60 days, 90 days, 1 year, and then annually.

At this review, the treating psychiatrist or patient advocate can recommend or request conditional release. The complexity of the release procedures has an impact on the likelihood of release, who is released, and the length of time between approval and actual release.

An important component of conditional release is the availability of community programs to provide services to this forensic population. An innovative program developed in Oregon in and established in Connecticut in sought to gain greater control over persons found NGRI.

Decision making is highly centralized, and this board grants and revokes conditional release and sets the terms of release. The Department has performance standards for these services which set minimum treatment and supervision levels for patients in the program.

Each patient is evaluated and assessed while they are in the state hospital, upon entry into the community, and throughout their CONREP treatment. Research indicates that patients released without outpatient services are more likely to have a criminal offense and end up back in a state hospital.

CONREP patients demonstrate significant improvements in employment, social support and independence after one year in the program.

Web Page PDF. Page 15 pdf. Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum prison terms. Page 16 pdf. Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences. Page 17 pdf.

Page 18 pdf. Page 19 pdf. Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking. Page 28 pdf.