CLEVELAND MUNCIPAL COURT

Transcription

1 INCOMPETENT RESTORABLE - NORTHCOAST CLEVELAND MUNCIPAL COURT vs. DATE: CASE NUMBER(S): JUDGMENT ENTRY Based on the opinion of Doctor of the Municipal Court Psychiatric Clinic in a Report dated, the Court finds that the defendant is incompetent to stand trial. The Court orders the defendant to Northcoast Behavioral Healthcare Center for treatment and competency restoration as the least restrictive setting consistent with the safety of the public and the needs of the defendant. The defendant is ordered remanded to the Cleveland House of Corrections until a bed is available. Staff of the Cleveland House of Corrections are ordered to transport the defendant to Northcoast upon notification by Tammy Ristau, Legal Assurance Administrator, at Northcoast Behavioral Healthcare Center, phone # ext. # 1108, fax (330) In the event that the defendant requires non-emergency medical care, the defendant is hereby granted Level 4 medical movement allowing staff of Northcoast Behavioral Healthcare Hospital to escort the defendant to, during, and from the appropriate medical care facility for medical treatment. The defendant shall be transported back to the Cleveland House of Corrections as soon as the Forensic Examiner at Northcoast Behavioral Healthcare opines that the defendant is capable of adequate Court participation or is determined to be unrestorable. The cover letter accompanying the Northcoast Report is to describe out-patient treatment recommendations and describe what arrangements for treatment have been made and who to contact to follow through on such treatment. 126

2 INCOMPTENT M.R.- OUTPATIENT RESOTRATION PLAINTIFF vs. DATE: CASE NUMBER(S): The Court accepts Psychiatric Clinic doctor s opinion that defendant is not capable to understand the nature and objectives of the Court proceedings and/or assist the attorney in his/her defense at this time. The Court finds the defendant pursuant to ORC (D) incompetent to stand trial. Based on the Doctor s opinion, the least restrictive environment for restoration to competence is outpatient competency restoration arranged through the Cuyahoga County Board of Developmental Disabilities. The contact at the Cuyahoga County Board of Developmental Disabilities is Frances White, Forensic Liaison, phone number (216) Her fax number is (216) The Court Psychiatric Clinic upon receipt of this journal entry is hereby ordered to provide copies of its competency evaluation to The Cuyahoga County Board of Disabilities. A restoration to competence report is to be submitted to the Court no later than. The time period for restoration ends. 127

3 INCOMPETENT- UNRESTORABLE PLAINTIFF VS. CASE NO(S): CHARGE(S): MENT ENTRY On 200 this defendant was found incompetent to stand trial DATE and was committed to Northcoast Behavioral Healthcare Center for Restoration to competence. On consideration of the report of Northcoast Behavioral Healthcare dated 200, the Court now finds that: DATE The defendant (is) or (is not) capable of understanding the nature and objective of the proceedings against him and (is) or (is not) capable of assisting in his defense. The Defendant is mentally ill, would benefit from further psychiatric treatment and is suitable for civil commitment. The most serious offense with which the defendant is charged is a Misdemeanor. IT IS THEREFORE ORDERED: An affidavit shall be filed in Probate Court for civil commitment in accordance with O.R.C. Section by Northcoast Behavioral Healthcare Staff. The defendant shall be detained at Northcoast Behavioral Healthcare Center until the 128

4 probable cause or initial hearing can be held in Probate Court pursuant to O.R.C (H) (4), said detention not to exceed ten (10) days. The person who supervises the defendant s treatment shall: Notify the prosecutor in writing of the discharge date of the defendant at least 10 days prior to discharge. Notify the prosecutor in writing of the change of the defendant s commitment or admission to voluntary status. The complaint pending in this matter is dismissed (with) or (without) prejudice to further action. It is so ordered this. DATE CC: Assistant City Prosecutor County Probate Court NBHS Legal Assurance Administrator, Tammy Ristau Cleveland House of Corrections - fax:

5 CIVIL COMMITMENT AFTER NGRI FINDING VS DATE: CASE NUMBER(S): On a former day in this court, the defendant was referred for a sanity evaluation. Based on a report dated, and submitted by, the court finds the defendant Not Guilty By Reason of Insanity on. The court further finds that the defendant is a mentally ill person subject to involuntary hospitalization by court order. The court finds that the least restrictive treatment alternative consistent with the treatment needs of the defendant and the safety of the community is Northcoast Behavioral Healthcare Center. The defendant is ordered remanded to the Cleveland House of Correction until notification by Tammy Ristau, LAA, of Northcoast Behavioral Healthcare Center that a bed is available. At such time a bed becomes available, The Cleveland House of Correction is ordered to transport the defendant to Northcoast Behavioral Healthcare Center. The court will retain jurisdiction over this case for a period of six months which constitutes the maximum sentence that the defendant could have received if found guilty of the most serious offense. The Clerk of Court shall mail a certified copy of this entry to: Northcoast Behavorial Healthcare Center, P.O. Box 305, Northfield, Ohio to the attention of the Legal Assurance Administrator and also a copy to fax (330) It is so ordered. 130

6 EMERGENCY HOSPITALIZATION vs. DATE: CASE NUMBER(S): _ JUDGMENT ENTRY The Court orders the defendant to St. Vincent Charity Hospital Psychiatric Emergency Room for evaluation for hospitalization due to mental illness. The Cleveland House of Corrections is ordered to transport the defendant to St. Vincent Charity Hospital Psychiatric Emergency Room today (Date ). 131