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When Can I Go Home?

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The biggest difference between the release of insanity acquittees compared to voluntary non-forensic patients is that ultimately, an insanity acquittee can only be released by a judge. Although the hospital staff and treating psychiatrist can make a recommendation about readiness for discharge, judges can disregard those recommendations. If the offense was particularly egregious or notorious, or if the case was a high-profile event with political fallout, non-clinical considerations can come into play. Some patients may demonstrate decades of symptom-free, non-violent behavior to no effect.

When a forensic patient asks his psychiatrist, “When can I go home?” the answer sometimes may be: “Never.”

<[QM—Annette Hanson, M.D.

Dr. Hanson is a forensic psychiatrist and co-author of Shrink Rap: Three Psychiatrists Explain Their Work. The opinions expressed are those of the author only, and do not represent those of any of Dr. Hanson’s employers or consultees, including the Maryland Department of Health and Mental Hygiene or the Maryland Division of Correction.