By David Lombard, PhD, Licensed Psychologist and Forensic Evaluator
"Not guilty by reason of insanity" may be the most misunderstood verdict in criminal law. Many people, jurors included, assume it means the defendant walks out of the courtroom free. In Indiana, that is almost never what happens.
Indiana's statute uses the phrase "not responsible by reason of insanity at the time of the crime," often shortened to NRI or NGRI. The verdict means the defendant proved, by a preponderance of the evidence, that a mental disease or defect left them unable to appreciate the wrongfulness of their conduct when the offense occurred. It is not a conviction. But it also does not end the case. It moves the case out of the criminal system and into the civil mental health system, where a different set of rules decides what happens next.
These verdicts are also uncommon. Indiana juries have a fourth option, guilty but mentally ill, and many choose it when they believe a defendant is seriously ill but are not persuaded the illness meets the legal standard for insanity.
For defense attorneys advising clients, prosecutors responding to victims' families, and anyone trying to explain the verdict to a jury, here is what the path after an NGRI verdict actually looks like.
Step 1: The Commitment Petition and Hearing
Once a jury or judge returns an NGRI verdict, Indiana law requires the prosecuting attorney to file a written petition for mental health commitment. The court holds the commitment hearing at the earliest opportunity, and the defendant stays in custody until that hearing is complete.
The question at this hearing is different from the question at trial. The trial asked about the defendant's mental state at the time of the offense. The commitment hearing asks about the person's condition now: is the individual currently mentally ill and either dangerous or gravely disabled? The State must prove that by clear and convincing evidence.
A few practical points follow from this:
The court can rely on the trial record. The judge may take judicial notice of evidence from the trial and may call the court-appointed evaluators to testify about the person's current condition.
The individual has the full rights of any civil commitment respondent, including counsel and the ability to present evidence.
Commitment is not automatic. If the person no longer meets the criteria, perhaps because years of treatment while awaiting trial have stabilized their illness, the court cannot commit them. This outcome is rare, but it is possible, and attorneys on both sides should be ready for it.
If the court orders commitment to a state psychiatric hospital, the local community mental health center must first determine that the state hospital is the least restrictive appropriate placement. The court then sends the verdict, the commitment order, that determination, and the insanity evaluations to the Division of Mental Health and Addiction to arrange admission.
Step 2: Treatment in a State Psychiatric Hospital
Most people committed after an NGRI verdict are treated in Indiana's state psychiatric hospital network, operated by the Division of Mental Health and Addiction. Treatment usually includes medication management, individual and group therapy, risk assessment, and gradual increases in privileges as the person stabilizes.
One feature surprises many attorneys: there is no fixed term. The length of hospitalization is not tied to the sentence the person would have faced if convicted. It depends on clinical progress and continuing risk. Some individuals remain hospitalized longer than a prison sentence would have lasted. Others are released sooner.
Indiana adds oversight that does not apply to ordinary civil commitments. For anyone committed after an NGRI verdict, the facility must:
File a report with the court every six months (instead of annually) addressing the person's mental condition, whether they remain dangerous or gravely disabled, and whether they need to stay in the facility.
Give the court, the prosecutor, and anyone else the court designates at least 10 days' notice before the person is allowed off the grounds without custodial supervision, transferred to another facility, or discharged.
Notify those same parties as soon as practicable if the person escapes.
The court may designate crime victims, or a representative of a victim who is deceased, a minor, or otherwise unable to receive notice, to receive these notifications. Prosecutors should make sure that request is part of the commitment order, because the order itself must list the contact information of everyone entitled to notice.
Step 3: Review, Discharge, and the Return to the Community
Release after an NGRI commitment follows the civil commitment rules, with the added notice requirements described above.
Court review. When the court receives each six-month report, it can continue the commitment, terminate it, or set a hearing. The committed individual or their representative may also request a hearing to review or dismiss the commitment, generally once per year unless the court finds good cause for more.
Discharge by the treatment team. The facility superintendent or attending physician may discharge the individual once they determine the person is no longer mentally ill and either dangerous or gravely disabled, or when the person is moving directly to a more appropriate treatment setting. The court is notified and enters an order ending the commitment. Because of the NGRI notice rule, the court, the prosecutor, and any designated victims receive at least 10 days' notice first.
Notice does not give the prosecutor or victims a veto. The standard for continued commitment stays clinical: current mental illness plus dangerousness or grave disability. What the notice provides is an opportunity to bring concerns to the court before release.
Gradual transition. In practice, discharge is rarely a single event. Most individuals move through supervised and then unsupervised passes, sometimes a step-down placement, and then outpatient treatment with a community mental health center. Well-planned transitions with clear treatment and housing arrangements are the strongest protection against relapse and re-arrest.
Lasting Consequences Clients Should Know About
An NGRI verdict is not a conviction, but it does carry consequences that outlast the hospitalization:
Firearms. Indiana courts transmit NGRI findings for reporting to the National Instant Criminal Background Check System (NICS). Under federal law, a person found not guilty by reason of insanity is generally prohibited from possessing firearms. Clients with hunting, collecting, or employment ties to firearms should understand this before choosing the defense.
Records. The verdict and the commitment become part of court and treatment records that may surface in background checks, professional licensing, and future court proceedings.
Future commitments and charges. An NGRI history is often part of the record reviewed in any later civil commitment or criminal case, including risk assessments.
None of these makes NGRI the wrong choice for a client who truly meets the standard. But they belong in the conversation before the notice of insanity defense is filed, not after the verdict.
NGRI vs. Guilty but Mentally Ill: Very Different Paths
Jurors often treat these two verdicts as close cousins. Their consequences are almost opposite.
| Comparison | Not responsible by reason of insanity | Guilty but mentally ill |
|---|---|---|
| Criminal conviction | No | Yes |
| What happens next | Prosecutor petitions for civil commitment; hearing on current mental illness and dangerousness | Sentenced the same as a guilty verdict |
| Where treatment occurs | Usually a state psychiatric hospital | Department of Correction, or a transfer to the mental health system for treatment |
| Length | No fixed term; depends on clinical status | The criminal sentence |
| Court oversight | Six-month reports and advance notice before passes, transfers, or discharge | Standard sentencing and corrections rules |
Because jurors may misunderstand these differences, Indiana courts can instruct the jury on the consequences of each verdict, and the Court of Appeals has held that a trial court may do so on its own initiative when the jury appears confused. Attorneys on both sides should think carefully about whether to request that instruction. A jury that believes NGRI means immediate release is more likely to choose guilty but mentally ill as a compromise.
The evaluations that come before trial shape all of this. How the evaluators document and explain their opinions often decides which of these paths a case takes. (More on that in How Forensic Evaluators Document and Defend Their Reasoning.)
Frequently Asked Questions
Does a person found not guilty by reason of insanity go free? Almost never right away. In Indiana, the prosecutor must petition for civil commitment, and the person stays in custody until the commitment hearing. Most are then committed to a state psychiatric hospital.
How long does someone stay in the hospital after an NGRI verdict? There is no set length. Commitment continues as long as the person remains mentally ill and either dangerous or gravely disabled. It can be shorter or longer than the prison sentence for the same offense.
Will the prosecutor or the victim's family know if the person is released? Yes, if the court designates them. The facility must give at least 10 days' notice before unsupervised outings, transfers, or discharge, and prompt notice of any escape.
Can someone found NGRI own a gun afterward? Generally no. NGRI findings are reported to NICS, and federal law generally prohibits firearm possession by a person found not guilty by reason of insanity.
Is NGRI the same as being found incompetent to stand trial? No. Competency concerns the person's present ability to understand the proceedings and assist counsel. NGRI concerns their mental state at the time of the offense. See Competency Restoration Programs: What Actually Happens During Treatment.
Can the jury be told what happens after an NGRI verdict? Yes. Indiana courts may instruct the jury on the consequences of an NGRI or guilty but mentally ill verdict.
Questions About an Insanity Defense?
If you are weighing an insanity defense, advising a client on what an NGRI verdict will mean for them, or responding to one, I offer confidential case consultation and independent evaluations. Contact me through davidlombard.com to discuss your case.
David Lombard, PhD, is a licensed psychologist providing forensic evaluations and expert consultation in criminal and family law matters in Indiana.
This article is for general educational purposes and is not legal advice.
Sources consulted