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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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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