Opinion
CR. No. S-03-384-WBS.
September 12, 2005
McGREGOR W. SCOTT, United States Attorney, LAUREL D. WHITE, Assistant U.S. Attorney, Sacramento, California.
ORDER EXTENDING THE TIME TO COMPLETE PSYCHIATRIC EVALUATION PURSUANT TO 18 U.S.C. § 4247(b). (Proposed)
On July 28, 2005, this Court ordered that the defendant, JULIETTE LABRECQUE, aka Mary Labrecque, be committed to the custody of the Attorney General for psychiatric and/or psychological examination, pursuant to 18 U.S.C. § 4241(b), to determine whether the defendant is suffering from a mental disease or defect rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist rationally or properly in her defense. The Court's order directed that the examination comply with the requirements of 18 U.S.C. § 4247(b).
Section 4247(b) of Title 18 of the United States Code provides that for the purposes of an examination pursuant to a court's order under 4241, 4244 or 4245, the court may commit the person to be examined for a reasonable period, but not to exceed thirty days . . . to the custody of the Attorney General for placement in a suitable facility. Section 4247(b) further provides that the director of the facility may apply for a reasonable extension of time, but not to exceed fifteen days under section 4241 . . . upon a showing of good cause that the additional time is necessary to observe and evaluate the defendant.
On September 1, 2005, this Court received a letter from Silas M. Irvin, Warden of the Metropolitan Correctional Center in Chicago, Illinois. According to Warden Irvin, Juliette Labrecque was designated to the Metropolitan Correctional Center in Chicago on August 4, 2005, and arrived at the institution on August 17, 2005. Warden Irvin stated that his clinical psychologist needed a 15-day extension of time, as permitted in the statute, in order to complete the testing and examination necessary to develop a history, diagnosis, and opinion of Ms. Labrecque. He anticipated the evaluation would be completed by October 3, 2005, and that a report would be submitted to the Court within two weeks of the completion of the evaluation, or by October 17, 2005.
Based on the above, and good cause appearing,
IT IS HEREBY ORDERED THAT the Metropolitan Correctional Center, in Chicago, Illinois, shall receive an additional 15 days during which to complete the testing and examination necessary to develop a history, diagnosis and opinion regarding the competency of defendant Juliette Labrecque. The evaluation shall be completed by October 3, 2005 and a report submitted to the court no later than October 17, 2005.
Time under the Speedy Trial Act shall continue to be excluded from today's date through the timely return of the defendant from the instant commitment to the custody of the Attorney General, pursuant to 18 U.S.C. § 3161(h)(1)(A) and Local Code N (any period of delay resulting from any proceeding, including any examinations, to determine the mental competency of physical capacity of the defendant).