A few months ago a dangerous criminal whom I am prosecuting was found incompetent to stand trial. He was committed to DSHS. This guy is also a parole violator fugitive from Georgia. Monday afternoon I was informed that on November 7th, Terrell State Hospital placed this guy "on Unauthorized Departure Status." Translation: He walked away from the facility!
I have spoken with the doctor in charge. Needless to say, I'm not happy about this. And there is no point in rehashing here how this happened, as it was explained to me. (That was an appalling conversation for another day.) My ultimate question is what, if anything, do I need to do to authorize law enforcement to return this guy to the hospital if he is found. I'm researching the issue, but thought I'd check here first. Thanks.
Good lawyerly answer: It depends. If you did a .102 commitment subsequent to the .072 restoration commitment, the answer is "Yes;" even though a .102 commitment is "civil." (This opinion is proffered despite a dearth of caselaw on the topic. But charges are still pending.) If, on the other hand, you dismissed the case and transferred him to Probate Court, or the court having mental health jurisdiction, for purposes of civil commitment, then it is not a criminal act to elope from custody. Then the answer is more clearly "No." Anyone see a flaw in that reasoning?
Defendant was in Terrell on a 46B.073 Committment for Restoration to Competency.
Under the specific facts of my scenario it is not clear whether the defendant's conduct constitutes felony escape. A class A misdemeanor? Certainly. But a felony? I'm not sure.
Unfortunately, the title of his indicted offenses did not classify him as a violent offender, purusant to the DSHA guidelines. But the facts of his crimes surely should have. Upon review I can legitimately re-indict the defendant with an allegation of a deadly weapon. (Something I should have done in the first place.) I will then request an after-indictment warrant. That will remove any questions about the authority of law enforcement to pick the guy up, nationwide.
