According to a retired Massachusetts judge and child welfare advocate, Carol Erskine, if jurors find Lindsay Clancy not criminally responsible for the strangulation of her three children, her civil commitment to a mental institution could be subject to annual review, making it challenging to predict the duration of her hospitalization. Erskine emphasized that Clancy would not face a “life sentence in a public mental hospital” but could remain hospitalized for many years or even indefinitely, provided the legal criteria for civil commitment continue to be met.

Erskine outlined the procedural steps following a verdict of not criminally responsible. Initially, the trial judge may order a 40-day evaluation in a locked unit. Subsequently, an evaluation and hearing would determine whether Clancy should be committed for a further six-month period in a locked unit, contingent upon a recommendation that there is a likelihood of serious harm under the statute. Thereafter, Clancy would undergo yearly reviews to assess the continued necessity of her commitment based on the potential for serious harm. The facility’s superintendent could recommend discharge, leading to a court hearing where the district attorney’s office and Clancy’s defense attorney can present arguments.

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