Judge's Guide to Handling Cases Involving Persons with Mental Disorders

367 Pages·2009·1.36 MB·English

JUDGE’S GUIDE
TO HANDLING CASES
INVOLVING PERSONS
WITH
MENTAL DISORDERS
JUDGES GUIDE:
Handling Cases Involving Persons
with Mental Disorders
Prepared By:
Stephanie Rhoades
District Court Judge
Alaska Court System
Judges’ Guide: Handling Cases Involving Persons with Mental Disorders
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JUDGE’S GUIDE TO HANDLING CASES INVOLVING PERSONS WITH
MENTAL DISORDERS
TABLE OF CONTENTS
PART I. COMPETENCY FOR LEGAL PROCEEDINGS
1. Competency for Legal Proceedings Flowchart
2. Competency – First Evidentiary Hearing
3. Competency –Second Evidentiary Hearing
4. Competency - Third Evidentiary Hearing
5. Competency—Final Hearing
6. Forms: CR260 Order for Psychiatric Examination
CR265 Order of Commitment and Transport
7. Juvenile Delinquency—Order for Competency Evaluation
8. Mental Health Evaluations: Guidelines for Judges and Attorneys
9. Court-ordered Medication for Competency
10. Harvard Law Review Excerpt
PART II. INVOLUNTARY COMMITMENT
11. Emergency Initiation of Commitment (out of court)
12. Non-Emergency Initiation and Hearing
13. 30-Day Commitment Hearing
14. 90-Day Commitment Hearing
15. 180-Day Commitment Hearing
16. Hearing on Involuntary Administration of Medication
17. Appendix 1 Mentally, Gravely Disabled, Danger to Self or Others
18. Appendix 2 Notice
19. Appendix 3 Rights
20. Appendix 4 No Less Restrictive Alternative
21. Appendix 5 Finding Placement at Closest Facility
22. Appendix 6 Mental Commitment Forms
23. Appendix 7 Ability to Give and Withhold Consent
24. Appendix 8 Best Interest Finding
PART III. GUARDIANS AND CONSERVATORS
25. Points to Consider in an Adult Guardianship
26. Points to Consider in an Adult Conservatorship
PART IV. MENTAL HEALTH AND MEDICATIONS MATERIALS
27. Alphabetical DSM IV
28. Medications List
29. Handbook for Working with Defendants & Offenders with Mental Disorders
30. Commonly Used Acronyms
31. Quick Reference to Psychotropic Medication
32. Judge’s Guide to Mental Health Jargon
Judges’ Guide: Handling Cases Involving Persons with Mental Disorders
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Judges’ Guide: Handling Cases Involving Persons with Mental Disorders
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COMPETENCY TO PROCEED FLOWCHART
INITIATION OF INQUIRY AND EXAMINATION
Competency may be raised at any time
May be raised by prosecutor, defense, or judge
Court issues order for competency examination (Court Form CR-260)
Schedule hearing and report due date w/in 90 days of order
Defendant is examined by API doctors, in jail usually
First Hearing
(held within 90 days of examination order)
Competent Not Competent Not Competent
but capable of restoration not capable of restoration
Schedule next Commit to API for up to 90 days for Case dismissed w/o prejudice,
proceeding in treatment & competency school further commitment governed
criminal case by AS 47
Defendant usually housed at API
TAKU unit
No involuntary medication w/o order
after Sell hearing
Schedule Second Hearing w/i 90
days
Second Hearing
(held within 90 days of First Hearing)
Competent Not Competent Not Competent
but capable of restoration not capable of restoration
Schedule next Re-commit for up to 90 days Dismiss w/o prejudice, further
proceeding in commitment governed by
criminal case as soon AS 47
as possible Schedule Third Hearing w/i
90 days
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1. Competency for Legal Proceedings Flowchart
Judges’ Guide: Handling Cases Involving Persons with Mental Disorders
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Third Hearing
(held within 90 days of Second Hearing)
Competent Not Competent Not Competent
but capable of restoration AND
Schedule next Dismiss w/o prejudice, a. Crime involves use of
hearing as soon as further commitment force against a person
possible governed by AS 47 b. Defendant poses
substantial danger of
physical injury to others,
AND
c. There is a substantial
probability that defendant
will regain competency w/i
reasonable period, THEN
Re-commit for up to 6 months
and schedule Final Hearing
If one or more of a-c are not true,
then, dismiss w/o prejudice,
further commitment governed by
AS 47
Final Hearing
(held within 6 months of Third Hearing)
Competent Not Competent
Schedule next Dismiss w/o prejudice
hearing as soon as
possible
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Judges’ Guide: Handling Cases Involving Persons with Mental Disorders
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Competence for Legal Proceedings Hearing Checklist
FIRST EVIDENTIARY HEARING
Hold within 90 days of Order for Psychiatric Examination
Burden of Proof Preponderance of the evidence
Who has the burden Party arguing for fi nding of incompetence
Statutory references AS 12.47.070, AS 12.47.100, AS 12.47.110, AS 12.47.130
Law Defendant presumed competent unless, due to a mental
disease or defect, the defendant is:
1. unable to understand the proceedings against him/her
AND/OR
2. unable to assist in own defense.
Evidence 1. API REPORT OF EXAM
Report shall contain the following:
• Description of nature of the exam
• Diagnosis of mental condition
• Opinion as to whether defendant suffers from
mental disease or defect, lacks capacity to
understand the proceedings or assist in own
defense
• Whether exam could not be conducted due to
defendant’s unwillingness
• Opinion as to whether the unwillingness is result
of mental disease or defect
• If requested, opinion as to whether the defendant
is capable of self representation
2. OPINION OF DEFENSE COUNSEL
Defense counsel’s estimation of competence should
1
be accorded substantial weight ) however, defense
counsel’s estimation of client’s incompetence need not
2
be given the same weight.
3. OTHER EVIDENCE
Other expert testimony proffered by the prosecutor or
defense; defendant may testify.
1 Fajeriak v. State 520 P.2d 795, 802-03 (Alaska 1974)
2 McKinney v. State, 566 P.2d 653, 660 (Alaska 1977)
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2. Compentency - First Evidentiary Hearing
Judges’ Guide: Handling Cases Involving Persons with Mental Disorders
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Statutory Considerations for the Court (AS 12.47.100):
Determining Intellectual Functioning
• Does defendant have a driver’s license?
• Is defendant able to maintain employment?
• Is defendant competent to testify as a witness
under Rules of Evidence?
Determining Ability to Understand Proceedings
• “Understand the proceedings” mean
“the defendant has a reasonably rational
comprehension of the proceedings.” (AS
12.47.130(5).
• Does the defendant understand that he or
she has been charged with a crime and what
penalties could be imposed?
• Does the defendant understand the roles of
judge, jury, prosecutor, defense counsel?
• Can defendant be expected to tell defense
counsel the circumstances surrounding the
alleged offense?
• Can the defendant distinguish between a guilty
and not guilty plea?
• Any other relevant factors.
Determining Ability to Assist in Own Defense
• Can defendant recall and relate facts re: his/her
actions at times relevant to the charges? If not,
is the failure of recall due to the mental disease
or defect?
• Can defendant respond coherently to counsel’s
questions?
• Any other relevant factors.
Note: Defendant is considered able to assist counsel even if: memory is impaired, s/he
refuses to accept course of action that counsel or court believes is in defendant’s best
interest, or is unable to suggest a strategy or unable to chose a defense.
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