Marci M. Webber v. Illinois

Petitioner has been detained in a state mental health center since her bench trial in June 2012, which adjudicated her Not Guilty by Reason of Insanity (NGRI) for killing her young daughter. The predicate offense was committed while the Petitioner was acutely psychotic. For years, Petitioner has not been psychotic. In addition, the trial judge who sentenced and later conditionally released her, along with her medical treatment team where she is confined, both state that Petitioner is not mentally ill, not a danger to herself or others, and is not in need of inpatient mental health care. The State’s Attorney appealed the trial court’s order of conditional release. The Illinois Appellate Court reversed; the Petitioner was returned to confinement after nine days of freedom. The Illinois Supreme Court denied a Petition for Leave to Appeal. Whether a State’s judicially-enforced, indefinite confinement of an NGRI acquittee, who is no longer psychotic, mentally ill, a danger to herself or others, or in need of inpatient mental health care, constitutes punishment and is a significant deprivation of liberty that violates the due process and/or equal protection clauses of the Fourteenth Amendment to the United States Constitution prohibited by Foucha v. Louisiana, 504 U.S. 71 (1992).