Acquittal by Reason of Insanity Is a Positive Outcome for Defendants Who Cannot Be Restored

Bloom and Kirkorsky discuss three models of special commitment procedures in use today in California, Oregon, and Ohio, regarding the management of individuals found incompetent to stand trial, not restorable (IST/NR) and considered dangerous. They suggest that a fourth model, one merging the population of dangerous IST/NR individuals into the system of insanity acquittees, would offer this group the advantages of a definitive legal disposition, more equal treatment, and improved chance of recovery. This commentary explores their proposal by reviewing recovery outcomes for forensic patients and insanity acquittees and discusses possible improvements such as intensive community monitoring and large-scale data collection. Although both groups face obstacles to recovery and release, the population of dangerous IST/NR individuals would benefit from the more conclusive forensic legal status and pathway to recovery offered insanity acquittees.