Filed: Dec. 19, 2017
Latest Update: Dec. 19, 2017
Summary: [PROPOSED] ORDER FOR COMMITMENT AND RESTORATION OF THE DEFENDANT MAXINE M. CHESNEY , District Judge . [PROPOSED] ORDER This matter having come before the Court following a competency hearing on December 13, 2017, and the Court having found by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to assist properly in his defense, it is therefore ORDERED: (1) Pursuant
Summary: [PROPOSED] ORDER FOR COMMITMENT AND RESTORATION OF THE DEFENDANT MAXINE M. CHESNEY , District Judge . [PROPOSED] ORDER This matter having come before the Court following a competency hearing on December 13, 2017, and the Court having found by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to assist properly in his defense, it is therefore ORDERED: (1) Pursuant t..
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[PROPOSED] ORDER FOR COMMITMENT AND RESTORATION OF THE DEFENDANT
MAXINE M. CHESNEY, District Judge.
[PROPOSED] ORDER
This matter having come before the Court following a competency hearing on December 13, 2017, and the Court having found by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to assist properly in his defense, it is therefore ORDERED:
(1) Pursuant to 18 U.S.C. § 424l(d), the defendant is committed to the custody of the Attorney General to be hospitalized in a suitable facility for a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future the defendant will attain the capacity to permit the proceedings to go forward. The four months shall commence on the date the defendant arrives at the facility.
(2) The United States Marshal shall:
a. Promptly coordinate with the Bureau of Prisons to effectuate this Order and arrange transportation of the defendant to the designated facility.
b. If the psychologist or psychiatrist finds the defendant to be competent and issues a certificate of competency, promptly transport the defendant back to the Northern District of California without further Order of this Court, and notify the Court and counsel for both parties when the defendant is back in the District.
3. The Attorney General or his agent shall:
a. At the end of the defendant's commitment, prepare and submit a written report pursuant to 18 U.S.C. § 4247(b) and (c). This report shall include the name and dosage of all medications the defendant is currently taking. Such medication shall be provided to the U.S. Marshals to assure continuity of medication during the transport process.
IT IS FURTHER ORDERED that the defendant's motion to discharge his counsel, proceed pro se, and for release from custody are denied.
IT IS FURTHER ORDERED that the period of time during which the defendant's competency to stand trial is being evaluated, pursuant to 18 U.S.C. § 4241, shall be a period of excludable delay under 18 U.S.C. §§ 3161(h)(1)(A), (F), and (H).
IT IS SO ORDERED.
