I have had a rash of cases where Terrell State Hospital (Dr Dunn) as well as Vernon State hosp. has given the opinion that my defendants are incompetant and not likely to regain competancy. Nothing particularly unusual about that except the number (3 times the normal percentage) They have always provided good service in criminal cases to us. (no comment on civil commitments) However all of the sudden they are saying a number of cases are incompetant and not likly to regain competancy (mental retardation mostly) BUT DOES NOT MEET THE REQUIREMENTS FOR HOSPITALIZATION. WHAT ARE MY OPTIONS other than letting the defendants continue to commit crimes? Any advice would be appreciated.
We have had that situation come up, surprisingly, more times in the last year than in the last 10 years. Could it, perhaps, be budgetary issues creeping into medical opinions?
It seems relatively clear to me. Unless a jury finds the Defendant meets the criteria for court-ordered inpatient mental health services or for commitment to a residential care facility, he is entitled to be discharged from the criminal accusation and is not subject to civil commitment. Art. 46.02 sec. 6 (b)(6) or (c)(4). Nice little pidgeon hole to fit in isn't it?
More frightening when you consider that if mental retardation is the issue at the competency hearing, I would say it is almost certain you will have a finding the Defendant is unlikely to regain competence.
That is what I have concluded, but one of my cases involved repeated commission of offenses. Mostly drugs. Sounds to me that she is a danger to herself or others. I was hoping someone had a alternative.
