David Lee Hickey v. Charles Morris

Petitioners, a class of insanity acquittees, allege in this habeas proceeding that Washington’s procedures for confinement and release of insanity acquittees are unconstitutional. They contend, first, that the disparity between the procedures for civil and criminal commitment denies them equal protection. Second, they contend that Washington’s review and release procedures for insanity acquittees deny them due process.

In a carefully reasoned decision, the district court rejected both contentions and dismissed the petition. We affirm.

I. Statutory Framework

When a defendant raises an insanity defense, the trier of fact must determine:

See Wash.Rev.Code §§ 10.77.030(2), .040.

One acquitted of a felony by reason of insanity will be committed if the trier of fact finds that he or she presents a danger to society and less restrictive alternatives are not in the best interests of society. Wash.Rev.Code § 10.77.110.

Insanity acquittees receive automatic review of their mental condition every six months. Wash.Rev.Code § 10.77.-140. This review is conducted in the hospital by health service professionals. Judicial review is discretionary, unless the hospital recommends release. The…