Edited by Christina M. Finello, JD, PhD
American Psychology Law Society
Winter 2013 News
In many states, following an indeterminate period of hospitalization, individuals adjudicated Not Guilty by Reason of Insanity (hereafter called “acquittees” despite different international legal terminology) are typically discharged under conditional release with provisions for ongoing monitoring and recommitment (Packer & Grisso, 2011). Studies have identified factors associated with conditional release, recommitment, and reoffending in this population. However, few studies have evaluated whether risk assessment measures could assist in predicting recommitment to forensic hospitals.
A number of static factors may be associated with decisions to retain or conditionally release acquittees. For example, Callahan and Silver (1998) found that female acquittees, those with diagnoses other than Schizophrenia and those who committed non-violent offenses, were released most often. Additionally, low psychopathy and older age during one’s first criminal offense increased the likelihood of release (Manguno-Mire, Thompson, BertmanPate, Burnett, & Thompson, 2007). Dynamic and protective variables also influence decisions of retention versus release. For example, researchers identified that acquittees’ treatment compliance and responsiveness, substance use, risk of violence, and availability of structured activities in the community are relevant to release decisions (McDermott, Edens, Quanbeck, Busse, & Scott, 2008; Stredny, Parker, & Dibble, 2012).
Decisions regarding release versus retention involve determinations of future dangerousness (Jones v. United States, 1983), highlighting the relevance of violence risk assessment measures. However, available data do not indicate a strong relationship between scores on risk assessment measures and dispositional decisions. For example, McKee, Harris, and Rice (2007) observed that scores on the Violence Risk Appraisal Guide (VRAG; Quinsey, Harris, Rice, & Cormier, 1998) predicted clinicians’ recommendations for retention versus transfer from a maximum security facility, but did not predict the ultimate decisions. Côté, Crocker, Nicholls, and Seto (2012) reported that, with the exception of previous violence, presence of major mental illness, substance use problems, active symptoms of major mental illness, and unresponsiveness to treatment - the factors of the Historical, Clinical, Risk Management-20 (HCR-20; Webster, Douglas, Eaves, & Hart, 1997) identified by researchers - corresponded poorly (if at all) with those raised by evaluators in review hearings.
The entire article can be found here.
