State v. Fletcher

*220¶ 1 If a criminal defendant is acquitted due to insanity, the judge must then decide what to do with him or her. An acquitted person who constitutes a substantial danger to others, or who presents a substantial likelihood of committing criminal acts jeopardizing public safety or security unless kept under further control of the court, other persons, or institutions, "shall" be committed under our state's involuntary commitment statute. RCW 10.77.110(1). If those safety concerns *286disappear, the insanity acquittee must be released. Either the Department *221of Social and Health Services (DSHS) or…