Delaware Code

11 Del. C. § 403 (2026)

Verdict of “not guilty by reason of insanity;” commitment to Delaware Psychiatric Center of persons no longer endangering the public safety; periodic review of commitments to Delaware Psychiatric Center; participation of patient in treatment program

✓ current as of May 2026

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(a) Upon the rendition of a verdict of “not guilty by reason of insanity,” the court shall, upon motion of the Attorney General, order that the person so acquitted shall forthwith be committed to the Delaware Psychiatric Center.

(b) Except as provided in subsection (c) of this section below, a person committed, confined or transferred to the Delaware Psychiatric Center in accordance with subsection (a) of this section, § 404, § 405, § 406 or § 408 of this title (referred to herein as “the patient”) shall be kept there at all times in a secured building until the Superior Court of the county wherein the case would be tried or was tried is satisfied that the public safety will not be endangered by the patient’s release. The Superior Court shall without special motion reconsider the necessity of continued detention of a patient thus committed after the patient has been detained for 1 year. The Court shall thereafter reconsider the patient’s detention upon petition on the patient’s behalf or whenever advised by the Psychiatric Center that the public safety will not be endangered by the patient’s release.

(c) (1) Upon petition by a patient confined pursuant to this section, § 404, § 405, § 406 or § 408 of this title, or upon petition by the Center Director of the Delaware Psychiatric Center, the Court may permit housing in an unsecured building or participation by the patient in any treatment program that is offered by the Center, which requires or provides that the patient be placed outside a secured building. Such participation shall include, but not be limited to, employment off hospital grounds, job interviews, family visits and other activities inside and outside the Center, as may be prescribed by the Medical Director in the interest of rehabilitation.

(2) The petition shall include an affidavit from the Medical Director which states that the patient has not exhibited dangerous behavior during the last year of confinement and that in the opinion of the Medical Director, the patient will benefit from such participation.

(3) The petition shall set forth any specific treatment program being sought; the specific goals and course of treatment involved; and a schedule for periodic judicial reevaluation of the patient’s treatment status, all of which shall be subject to the Court’s approval and modification.

(4) Copies of the petition shall be served on the Attorney General, the Medical Director and the patient or the patient’s counsel or guardian.

(5) There shall be a judicial hearing on the petition, and any person or agency served with a copy of the petition, or a representative of such person or agency, shall have the right to testify, present evidence and/or cross-examine witnesses. The patient shall have the right to be represented by counsel at any proceeding held in accordance with this section. The Court shall appoint counsel for the patient if the patient cannot afford to retain counsel.

(6) Upon conclusion of a hearing on a petition pursuant to this section, the Court may approve, modify or disapprove any request or matter within the petition. If the patient’s participation in any treatment program is approved, such approval or participation shall be effective for not longer than 6 months from the date of the judge’s signature on the petition or order permitting such participation. Immediately prior to the conclusion of the 6-month period, the Center Director shall report to the Court on the patient’s status, and make recommendations. Any authorization by the Court for continued participation by the patient in any authorized treatment programs may be extended, modified or discontinued at the end of the effective period with or without further hearings, as the Court may determine.

(d) Any treatment program approved by the Court under this section may be terminated by the Medical Director of the Delaware Psychiatric Center. When a treatment program is terminated earlier than its court-approved expiration date, the Medical Director shall immediately notify the Superior Court. The Superior Court shall, after giving appropriate notice, hear the matter and review the decision of the Medical Director. At such termination hearing, the patient shall have such rights as are provided for other hearings under this section, including the right to counsel, the right to present evidence and the right to cross-examine witnesses. Where the Medical Director’s decision to terminate is based upon the patient’s mental or psychological condition, the patient may be examined by an independent psychiatrist or other qualified expert; provided, however, that the termination hearing shall not be held until such examination has been finally concluded.

11 Del. C. 1953, § 403; 58 Del. Laws, c. 497, § 1; 63 Del. Laws, c. 428, §§ 1-3; 65 Del. Laws, c. 90, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 550, § 1;

Notes of Decisions

Cited in 7 cases (3 in the last 5 years), 1976–2023 · leading case: Hand v. State, 354 A.2d 140 (Del. 1976).

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Hand v. State, 354 A.2d 140 (Del. 1976). · cites it 2× “The defendant contends that the Superi- or Court erred in failing- to instruct the jury on the effect of a verdict of not guilty by reason of insanity under 11 Del. C. § 403; that, in the absence of definitive information as to the possible or probable disposition of the…”

State v. Topolski (Del. Super. Ct. 2023). · cites it 21× “It provided that upon such acquittal, an insanity acquittee “shall forthwith be committed to the Delaware State Hospital” and kept there “until the Superior Court of the county wherein the case was tried is satisfied that the public safety will not be endangered by his release.”

United States Ex Rel. Hand v. Redman, 416 F. Supp. 1109 (D. Del. 1976). “See 11 Del.C. § 403(a) which provides: “Upon a rendition of a verdict of ‘not guilty by reason of insanity,’ the court shall, upon motion of the Attorney General, order that the person so acquitted shall forthwith be committed to the Delaware State Hospital.”

State v. Tarbutton, 407 A.2d 538 (Del. Super. Ct. 1979). · cites it 2× “11 Del.C. § 403 provides: (a) Upon the rendition of a verdict of “not guilty by reason of insanity,” the court shall, upon motion of the Attorney General, order that the person so acquitted shall forthwith be committed to the Delaware State Hospital.”

State v. Topolski (Del. Super. Ct. 2023). · cites it 10× “First, the Delaware Supreme Court observed that “insanity acquitees [sic] constitute an ‘exceptional class’ because ‘they have already endangered the public safety . . . as a result of their mental conditions as distinguished from people civilly committed because of only…”

State v. Topolski (Del. Super. Ct. 2023). · cites it 6× “Indiana,7 the Court held that continued commitment under the statutes governing incompetent criminal defendants, 11 Del. C. §§ 403(b) and 404(a), was unconstitutional in light of Mr.”

State v. Thomas (Del. Super. Ct. 2020). “§§ 405, 406; and for persons found not guilty by reason of insanity pursuant to 11 Del. C. § 403 or guilty but mentally ill pursuant to 11 Del.”

— 11 Del. C. § 403(a) — 2 cases

State v. Topolski (Del. Super. Ct. 2023). “First, the Delaware Supreme Court observed that “insanity acquitees [sic] constitute an ‘exceptional class’ because ‘they have already endangered the public safety . . . as a result of their mental conditions as distinguished from people civilly committed because of only…”

— 11 Del. C. § 403(b) — 4 cases

State v. Topolski (Del. Super. Ct. 2023). “It provided that upon such acquittal, an insanity acquittee “shall forthwith be committed to the Delaware State Hospital” and kept there “until the Superior Court of the county wherein the case was tried is satisfied that the public safety will not be endangered by his release.”

State v. Tarbutton, 407 A.2d 538 (Del. Super. Ct. 1979). “11 Del.C. § 403 provides: (a) Upon the rendition of a verdict of “not guilty by reason of insanity,” the court shall, upon motion of the Attorney General, order that the person so acquitted shall forthwith be committed to the Delaware State Hospital.”

State v. Topolski (Del. Super. Ct. 2023). “Indiana,7 the Court held that continued commitment under the statutes governing incompetent criminal defendants, 11 Del. C. §§ 403(b) and 404(a), was unconstitutional in light of Mr.”

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