Judges uphold involuntary commitment

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When a defendant has been previously committed to a state institution because he was found incompetent to stand trial, that state institution may be considered a community mental health center for purposes of a report required under Indiana Code 12-26-7-3(b), the Indiana Court of Appeals held Monday.

A.J. challenged his commitment to Logansport State Hospital after he was initially committed because of incompetency to stand trial. A.J. had many health issues, including deafness and partial blindness, hypothyroidism, and an IQ of 65. He was on probation for a criminal confinement conviction when he was charged with two counts of child molesting. The trial court ordered him evaluated, and the two psychiatrists found it unlikely A.J. would ever be restored to competence to stand trial.

A.J. was ordered committed to Logansport State Hospital. Hospital staff later petitioned for A.J. to remain at Logansport, alleging he suffered from a psychiatric disorder, a developmental disability, and that he was gravely disabled. The trial court granted the petition for involuntary commitment, finding him to be dangerous.

In A.J. v. Logansport State Hospital, No. 66A05-1012-MH-805, A.J. claimed that Logansport didn’t follow the requirements of I.C. 12-26-7-3, which says a commitment petition proceedings record must include a report from a community mental health center. A.J.’s petition includes a report from Logansport, which he claims is a state institution and not a CMHC.

After examining the definitions of state institution and CMHC, the Court of Appeals concluded that in this case, a state institution may be considered a CMHC for purposes of providing the report. The judges also concluded that there is sufficient evidence to support the finding that A.J. is dangerous.

The appellate court also held that in determining whether regular commitment to a state institution is appropriate for a patient against whom criminal charges are pending, the trial court’s mere consideration of the state’s interest in restoring competency doesn’t per se violate the patient’s due process rights. But, the state’s interest in providing restoration services must also be legitimate, wrote Judge Terry Crone.

A.J. can’t be held perpetually at Logansport solely for competency rehabilitation services if he isn’t expected to attain competency in the foreseeable future, wrote the judge. The judges affirmed his commitment, and noted that trial court must review his care and treatment at least on an annual basis.

Judge L. Mark Bailey concurred in a separate opinion, to express concerns he has written about in a past decision regarding the adequacy of current criminal justice procedures to resolve issues presented by defendants with chronic mental illness.

“Assuming that A.J. ever attains competency, the resolution of the pending criminal charges will likely turn on whether, at the time of the alleged acts of molestation, A.J.’s mental disease was such that he cannot be held criminally responsible for his actions. This is where defendants like A.J. fall into Indiana’s twin ‘black holes’ of incompetency to assist defense counsel and competency restoration services,” he wrote. “There are no simple answers in the treatment of chronic mental illness, whether in a criminal or civil context, but A.J.’s case is an example of an area where the law must do better.”


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.