Opinion
CIVIL ACTION NO. 98-345-KSF.
December 29, 2010
MEMORANDUM ORDER
On petition filed by the United States pursuant to 18 U.S.C. § 4246, the respondent, Kenneth Dixon, was committed to the custody of the Attorney General for hospitalization in a suitable facility for treatment until state placement for his custody, care and treatment is obtained or until his mental condition is such that his release would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, whichever is earlier, pursuant to 18 U.S.C. § 4246(d).
By letter dated November 18, 2010, B.R. Jett, Warden at the Federal Medical Center in Rochester, Minnesota ("FMC-Rochester"), provided the court with the annual, psychological report required by 18 U.S.C. § 4247(e)(1)(B), concerning respondent's mental condition. This 16-page report, dated October 15, 2010, and styled "ANNUAL RISK ASSESSMENT," is the report of an evaluation of respondent conducted by a panel of mental health professionals at FMC-Rochester (the Risk Assessment Panel), to determine whether respondent continues to suffer from a mental disease or defect that would create a substantial risk of bodily injury to another person or serious damage to property of another if respondent were released from custody.
On September 14, 2010, this Risk Assessment Panel concluded that respondent continues to meet the criteria for commitment, pursuant to 18 U.S.C. § 4246. See Risk Assessment Report, p. 15.
On December 1, 2010, the Risk Assessment Report was filed in the record and a copy provided to all counsel of record. Respondent's counsel was given an opportunity to file any objections and/or request a hearing or another video conference. Nothing further has been filed. Therefore, the Court being duly advised,
IT IS HEREBY ORDERED as follows:
1. Respondent shall remain committed to the custody of the Attorney General for hospitalization and treatment, including the administration of professionally prescribed medication, in a suitable facility until state placement for his custody, care and treatment is obtained or until his mental condition is such that his release would no longer create a substantial risk of bodily injury to another person or serious damage to property of another.
2. This Order will continue in full force and effect until certification pursuant to 18 U.S.C. § 4246(e) is received that his release would no longer create a substantial risk of bodily injury to another person or serious damage to property of another or until state placement is obtained, whichever is earlier.
3. The Petitioner is directed to file its annual report, pursuant to 18 U.S.C. § 4247(e)(1)(B), concerning the status of respondent's mental condition no later than November 30, 2011.
4. Pursuant to 18 U.S.C. § 4246(a), the Clerk of the Court is directed to provide a copy of this Memorandum Order to the United States District Court for the Western District of Michigan.
This December 29, 2010.