Filed: Oct. 20, 2017
Latest Update: Oct. 20, 2017
Summary: ORDER ROY B. DALTON, Jr. , District Judge . This cause is before the Court on consideration of the Joint Motion for Entry of Finding of Not Guilty Only By Reason of Insanity (Doc. 56 (" Motion ")). The parties also appeared for a Pre-Trial Conference on October 19, 2017. After his arrest in California for making threats relating to explosives, 1 U.S. Magistrate Judges Sheri Pym and Karla R. Spaulding entered Orders committing Defendant Brian Thomas Fix "to the custody of the Attorney Gen
Summary: ORDER ROY B. DALTON, Jr. , District Judge . This cause is before the Court on consideration of the Joint Motion for Entry of Finding of Not Guilty Only By Reason of Insanity (Doc. 56 (" Motion ")). The parties also appeared for a Pre-Trial Conference on October 19, 2017. After his arrest in California for making threats relating to explosives, 1 U.S. Magistrate Judges Sheri Pym and Karla R. Spaulding entered Orders committing Defendant Brian Thomas Fix "to the custody of the Attorney Gene..
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ORDER
ROY B. DALTON, Jr., District Judge.
This cause is before the Court on consideration of the Joint Motion for Entry of Finding of Not Guilty Only By Reason of Insanity (Doc. 56 ("Motion")). The parties also appeared for a Pre-Trial Conference on October 19, 2017.
After his arrest in California for making threats relating to explosives,1 U.S. Magistrate Judges Sheri Pym and Karla R. Spaulding entered Orders committing Defendant Brian Thomas Fix "to the custody of the Attorney General" ("AG") for "confinement in a corrections facility" pending trial. (Docs. 6, 12.)
On May 17, 2017, Defendant was charged in an Indictment with two counts of violating 18 U.S.C. § 844. (Doc. 18.) One week later, Defendant filed a notice pursuant to Federal Rule of Criminal Procedure 12.2(a) of his intention to rely on the defense of insanity. (Doc. 31.) The Court then directed that Defendant be placed "in a suitable facility" and examined in accordance with 18 U.S.C. §§ 4241(a), 4242(a), and 4247(b). (Doc. 33.) Upon completion of such examinations, the parties agreed that: (1) at the time of the offenses charged in the Indictment, Defendant "was unable to appreciate the nature and quality or the wrongfulness of his acts;" (2) he is now "competent to stand trial or to undergo post-release proceedings;" and (3) the Court "should enter an order finding [Defendant] not guilty only be reason of insanity." (Doc. 56, ¶ 9.) The parties also stipulate that Defendant:
should be committed to a suitable [Bureau of Prisons ("BOP")] facility for an examination pursuant to 18 U.S.C. §§ 4243 and 4247(b)-(c), to determine whether [Defendant] is suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to the property of another.
(Id. ¶ 10.) Finally, the parties request that "after the BOP examiners complete the required evaluation, the Court hold a hearing to determine whether [Defendant] should be released." (Id.)
Under 18 U.S.C. § 4242(b)(3), the Court is authorized to find a criminal defendant "not guilty only by reason of insanity" ("Insanity Finding"). Once the Court makes an Insanity Finding, it is then required to:
(1) commit the person to a "a suitable facility until such time as he is eligible for release" in accordance with 18 U.S.C. § 4243(e),2 id. § 4243(b);
(2) order that a psychiatric or psychological examination of the defendant be conducted ("Exam"), "and that a psychiatric or psychological report be filed with the court" ("Report") in accordance with §§ 4247(b) & (c), id. § 4243(b); and
(3) within forty days of the Insanity Finding, conduct a hearing in accordance with the provisions of § 4247(d) ("Hearing"), id. § 4243(c).
With respect to the Exam, the Court must commit the person to the custody of the AG for "placement in a suitable facility." See id. § 4247(b). Further, the Exam must "be conducted by a licensed or certified psychiatrist or psychologist" who "shall be designated by the court." Id. "Unless impracticable, the [Exam] shall be conducted in the suitable facility closest to the court." Id. Finally, the Exam must be conducted within a "reasonable" period of time, which is "not to exceed forty-five days." Id. This reasonable time limit may be extended by no more than thirty days upon a showing of good cause by the "director of the facility." Id.
The Court notes certain challenges posed by the pertinent statutory provisions. For instance, the Exam may take up to 65 days to complete under § 4247(b), but the Hearing must be conducted within 40 days of the Insanity Finding under § 4243(c). Further, section § 4243(b) simply directs the Court to commit the person to a "suitable facility," while § 4247(b) requires that the Court commit the person to the AG for purposes of the Exam.3 Despite these challenges, the Court finds that the Motion is due to be granted.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Joint Motion for Entry of Finding of Not Guilty Only By Reason of Insanity (Doc. 56) is GRANTED.
2. As to the offenses charged in the Indictment (Doc. 18), the Court adjudges that the Defendant Brian Thomas Fix is not guilty only by reason of insanity.
3. Pursuant to 18 U.S.C. § 4243(a) Defendant Brian Thomas Fix is COMMITTED to the custody of the Attorney General for placement in a suitable facility until such time as he is found to be "eligible for release" pursuant to 18 U.S.C. § 4243(e).
4. Dr. Lisa Feldman or another licensed or certified psychiatrist or psychologist at Miami FDC is DIRECTED to conduct a psychiatric or psychological examination of Defendant Brian Thomas Fix and prepare a report that complies in all respects with the provisions of 18 U.S.C. § 4247(c), including whether Defendant is suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to the property of another.
5. The United States Marshal is DIRECTED to transport Defendant Brian Thomas Fix to the suitable facility as designated by the Attorney General.
6. On or before December 6, 2017, the Government is DIRECTED to file a copy of the report referenced in Paragraph 4 with the Court.
7. The parties are DIRECTED to appear at 2:00 p.m. on December 11, 2017, in Orlando Courtroom 4A, for an evidentiary hearing, which will be conducted in accordance with the provisions of 18 U.S.C. § 4247(d) and § 4243(d).
DONE AND ORDERED.
