Appellate review after an insanity verdict followed by commitment review can take months to more than a year. The notice of appeal is due within 14 days, but briefing and an opinion take far longer while confinement continues.
Not guilty only by reason of insanity (NGRI) means the person is acquitted but not freed. The U.S. Department of Justice states that federal law automatically commits the acquittee to a suitable facility until eligible for release.
Table of Contents
- What happens right after the verdict?
- What must the acquittee prove to gain release?
- What limits continued confinement?
- How long does the appeal take during confinement?
What happens right after the verdict?
Federal procedure moves quickly from verdict to commitment review. The court orders a psychiatric or psychological examination and written report on present mental state and dangerousness.
The court then holds a hearing within 40 days of the verdict. That hearing decides whether the acquittee stays confined, receives conditional release, or qualifies for discharge.
What must the acquittee prove to gain release?
The acquittee carries the burden at the commitment hearing. The U.S. Court of Appeals for the Eighth Circuit explained in U.S. v.
LaFromboise that release requires proof by clear and convincing evidence that it would not create substantial risk of bodily injury or serious property damage. The Supreme Court in Jones v. United States upheld indefinite commitment until the acquittee proves recovery from mental illness or dangerousness. Courts presume continuing illness after an NGRI verdict.
What limits continued confinement?
Confinement is not open-ended for every acquittee. The Library of Congress preserves the Foucha opinion in the Foucha decision PDF, which holds that a state may confine only a person who remains both mentally ill and dangerous.
A sane, recovered acquittee must therefore be released. During commitment, counsel or a guardian may move at any time for a discharge hearing under 18 U.S.C. section 4247(h), and conditional discharge can be revoked for failure to follow treatment conditions.
How long does the appeal take during confinement?
Appellate review runs on a separate track from commitment review. The U.S.
Court of Appeals for the Fourth Circuit states in Fourth Circuit Rule 4 that a criminal notice of appeal must be filed in district court within 14 days after entry of the judgment or order. The North Carolina Department of Justice explains in its appeal timing answers that briefing often follows about 30 days after the mailed record, 60 days in capital cases, with opinions taking one month to over a year and averaging six months. Federal appeals often take multiple months to over a year.
- File the notice of appeal within 14 days to preserve review.
- Track the record, transcript preparation, and briefing deadlines while commitment hearings continue.
- Pursue discharge motions and treatment compliance in parallel because the appeal does not pause confinement.
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