DEFENDANT'S UNOPPOSED MOTION FOR ORDER

WILLIAM J. MARTINEZ, District Judge.

Undersigned counsel, Timothy P. O'Hara, Assistant Federal Public Defender, respectfully moves this Court to determine the competency of Mr. Hines pursuant to 18 U.S.C. § 4241(a). The Motion is unopposed by the government.

I. Procedural Background

1. On April 11, 2019, the probation department filed a document entitled "Second Superseding Petition for Warrant on Person Under Supervision."1 See Doc. 146.

2. On April 12, 2019, an arrest warrant was issued. See Doc. 148. That same day, Mr. Hines was arrested. See Doc. 153.

3. On April 18, 2019, Mr. Hines appeared before the Honorable Magistrate Judge N. Reid Neureiter. Magistrate Judge Neureiter continued the present matter for a Detention Hearing and Preliminary Hearing to be held on April 22, 2019. See Doc. 155.

4. On April 22, 2019, the parties began the Preliminary Hearing and Detention Hearing before Magistrate Judge Neureiter. See Doc. 157. After a lengthy hearing, including the testimony of the United States Probation Officer supervising Mr. Hines, the matter was continued until April 24, 2019. See id.

5. On April 24, 2019, the parties appeared before Magistrate Judge Neureiter again and continued the Preliminary Hearing and Detention Hearing. At that time, Magistrate Judge Neureiter ordered that Mr. Hines be released to a halfway house in Denver "once bed space is available." See Doc. 158 & 160.

6. On May 16, 2019, undersigned counsel filed a Motion to Reopen the Detention Hearing Pursuant to 18 U.S.C. § 3142(e) because halfway house bed space had not become available. See Doc. 167. On May 17, 2019, Magistrate Judge Neureiter set the present case for a Motion Hearing on May 28, 2019. See Doc. 172.

7. On May 29, 2019, the parties again appeared before Magistrate Judge Neureiter. See Doc. 177. The parties examined two witnesses, one of whom was Ms. Andrea Gonzales, the former director of the Independence House. See id. At the conclusion of the hearing, Magistrate Judge Neureiter denied undersigned counsel's request to release Mr. Hines on conditions other than to the halfway house in Denver. Magistrate Judge Neureiter reissued the detention order until a halfway house in Denver accepted Mr. Hines' placement.2 See id.

7. Undersigned counsel has reviewed the following materials: Mr. Hines' mental health history,3 the records generated following his recent mental health treatment, and his multiple pro se filings.4 Undersigned counsel has spoken with Mr. Hines on a number of occasions since April 22, 2019, both by phone and in person.

8. Undersigned counsel has reason to believe that Mr. Hines may be suffering from a mental disease or defect that could be rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him and/or unable to assist properly in his defense. The privilege between attorney and client prevent further disclosure.

9. Based on the aforementioned concerns, including Mr. Hines own concern, undersigned counsel requests the Court to order a psychiatric or psychological evaluation for purposes of determining competency to undergo post-release proceedings pursuant to 18 U.S.C. § 4241(a).

10. If ordered, the examination shall be conducted by a licensed or certified psychiatrist or psychologist and the examiner shall be designated by the Court. See 18 U.S.C. § 4247(b). Undersigned counsel requests that the Court specifically designate Dr. Susan Bograd to examine Mr. Hines. Dr. Bograd is based in the Denver area and examined Mr. Hines back in 2013. See Doc. 177.

11. By statute, unless impracticable, the psychiatric or psychological examination shall be conducted in the suitable facility closest to the court. See 18 U.S.C. § 4247(b). Mr. Hines currently resides in the GEO detention facility in Aurora, Colorado. Undersigned counsel requests that Mr. Hines remain in that facility while the evaluation is arranged and conducted. Undersigned counsel will assist the designated evaluator in setting up the professional visit.

12. Undersigned counsel also requests that a report of the evaluation be filed with the Court pursuant to 18 U.S.C. § 4247(c). Undersigned counsel would request that copies of the report be tendered to the parties pursuant to 18 U.S.C. § 4247(c).

13. Following receipt of the report, the parties will contact chambers to set a date for hearing on Mr. Hines' competency, should such hearing be necessary.

14. Undersigned counsel further requests that the Court vacate the current date for hearing and associated deadlines, to be reset upon conclusion of the competency evaluation. Until a determination is made regarding Mr. Hines' competency, counsel cannot effectively communicate with Mr. Hines and Mr. Hines cannot assist counsel in the preparation of a defense to the Second Superseding Petition.

15. Undersigned counsel contacted the Assistant United States Attorney handling the present matter and he has no objection to the present Motion.

16. A proposed Order is attached to the present filing.

WHEREFORE, undersigned counsel respectfully requests that this Court order a mental health examination under 18 U.S.C. § 4241(b), vacating current deadlines and the Supervised Release Revocation Hearing.

PROPOSED ORDER FOR MENTAL HEALTH EVALUATION

This matter is before me for consideration of Defendant's Unopposed Motion for a Mental Health Evaluation [Doc. No. 188] filed on June 13, 2019, by counsel for the defendant. The government does not object. The Court having reviewed the Motion hereby ORDERS as follows:

1. As it relates to the competency of the defendant pursuant to 18 U.S.C. § 4241(a) and (b), Defendant's Motion for Mental Health Evaluation [Doc. # 188] filed on June 13, 2019, is GRANTED for good cause shown;

2. That a psychiatric or psychological examination of the defendant shall be conducted by Dr. Susan Bograd of Denver, Colorado;

3. That pursuant to 18 U.S.C. § 4247(b), unless impracticable, the psychiatric or psychological examination shall be conducted in the suitable facility closest to the court, specifically, that Mr. Hines be allowed to remain in the GEO facility in Aurora, Colorado, while the evaluation is conducted;

4. That Dr. Susan Bograd shall be granted reasonable access to the defendant to facilitate the psychiatric or psychological examination and to implement the orders of this Court;

5. That pursuant to the provisions of 18 U.S.C. § 4247(c), at the conclusion of the psychiatric or psychological examination of the defendant, a report shall be prepared by Dr. Bograd and shall be filed with the court, with copies to counsel for the government and defendant;

6. That the report shall be written in compliance with 18 U.S.C. § 4247(c); and

7. Once the appropriate reports have been tendered to counsel and the Court, the parties shall contact chambers in order to set a date and time for a hearing.