First, whether there was substantial evidence in the record to support the finding that Ms. There were three issues before the court. Klein appealed to the Supreme Court of Washington. Klein appealed both findings to the court of appeals, which affirmed the trial court's findings. Klein “continues to suffer from a mental disease or defect” and “remains a substantial danger to others and presents a substantial likelihood of committing criminal acts jeopardizing public safety, as a consequence of her mental disorder.” Ms. Klein's petition for full release and held that Ms. Klein had a “rather high” risk of experiencing another psychotic episode if she returned to using drugs and that her risk of reoffending would be “much higher than the average individual” if she returned to using drugs. Klein had a “moderate” risk of reoffending, and the defense expert testified that she had a “low to moderate” risk of reoffending. Klein's diagnoses legally constituted mental diseases. ![]() Klein petitioned the trial court for full release on the basis that she no longer had a mental disease or defect because her polysubstance dependence was “in remission.” At a hearing on the petition, the experts for the state and defense both reached similar diagnoses but disagreed as to whether Ms. Klein received diagnoses of polysubstance dependence, in full sustained remission, in a controlled environment and personality disorder, NOS, with borderline, antisocial, and passive‐aggressive features.Īfter unsuccessfully petitioning for transfer to a residential substance abuse treatment program, Ms. Klein's conditional release and ordered her admitted to Western State Hospital on Novem(eight years after her acquittal). ![]() She repeatedly violated the terms of her conditional release by abusing methamphetamine and marijuana and failing to report to her probation officer. Klein was found not guilty by reason of insanity and granted conditional release. ![]() The victim's parents successfully intervened to save his life. The petitioner, Tina Klein, stabbed her 20‐month old nephew with a butcher knife while in a cocaine‐induced psychosis.
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