Follow-up of insanity acquittees in Hawaii

Abstract

Among the few follow-up studies reporting upon the subsequent criminal recidivism of “not guilty by reason of insanity” (NGRI) acquittees, the majority report a relatively high rate (Hodgins, 1983; Morrow & Peterson 1966; Pantle, Pasewark, & Steadman, 1980; Pasewark, Pantle, & Steadman, 1982; Phillips & Pasewark, 1980; Spodak, Silver, & Wright, 1984). In contrast, investigations conducted in Canada and Oregon indicate a fairly low recidivism for acquittees. In Canada, Quinsey, Preusse, and Fernely (1975) found that, of 56 dischargees, only 3 experienced rearrest. Unfortunately, this study is somewhat contaminated as it included a number of defendants found unfit to stand trial. Additionally, length of hospitalization for subjects upon discharge averaged 8 years. Thus, at discharge, acquittees were probably older than is the case in most jurisdictions and, hence, at lower risk for repeated criminal activity. The Oregon study of Bloom and associates (Bloom, Rogers, & Manson, 1982) is of particular interest in that it presents outcome information on an innovative mechanism, the Psychiatric Security Review Board (PSRB). The PSRB was established by statute in 1978 to supervise the care and treatment of NGRI acquittees. It comprises five members, “a psychiatrist, a psychologist, a lawyer, a person familiar with parole and probation, and a lay citizen” (Rogers & Bloom, 1982, p. 155). Management responsibilities for NGRI acquittees are vested in the board; and, in exercising this responsibility, it may contract with other agencies. These agencies include, but are not restricted to, the public mental health system.