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6 Cards in this Set

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  • Back
Rights of those in DMH Care:
Confidential phone calls, confidential mail unless clearly documented why not, visits, humane environment. Cant be deemed incompetent solely because had been commitment. Fiduciaries of inpatients/residents must be registered with DMH or face fines. If AWOL, next of kin, police, DA must be notified.
Competence:
Has to do with mental state at time of trial – to be able to assume and understand role of defendant and case against him, consequences, etc.
Persons incompetent to stand trial OR not guilty by insanity can be ordered to hospital for observation for up to 40 days. During observation or within 60 days of being found incompetent or NGBROI, hospital can petition commitment for up to 6 months with periodic reviews.
Case is thrown out by the time a guilty person would be up for parole
Cannot be confined permanently in the hopes will be someday competent
Court can order eval at bridgewater for competence that needs to be done in 20 days or needs extension
Substance Abuse Commitment (section 35)
Commitment of substance abusers (section 35)
“Lost control” over use, or substantially injures health/ interferes with life
Spouse, relative, doctor, can ask court to commit, and will immediately hold hearing, can arrest person if they do not appear. Judge commits if likelihood of serious harm to self, others, or injury.
Commitment is up to 30 days, can be released sooner. May be sent to bridgewater or Framingham if dangerous, otherwise to DPH program and separate from criminals. There is no “pink paper” however.
Sexually Dangerous Persons:
Mental abnormality and/or personality disorder resulting in lack of ability to control sexual impulses.
Must be examined by "qualified examiner" - 2 yrs experience in dx or tx of sexually aggressive offenders who is designated by commisioner of corrections. Licensed psychologist & licensed forensic psychologist.
Definition Sexually Dangerous Person:
- JD or YO by reason of sex offesnse with mental abnormality or personality disorder
- Charged with sex offense, deemed incompetent and has mental abnormality/personality disorder
- Previously adjudicated as sexually dangerous. Likelihood to engage in sexual offenses.
Juvey offenders must be seprated from adults. If in community program, must notify DA, police and victim. Can apply 1x/yr for exam and discharge and requires 2 examiners. Petition can be filed by anyone, including a friend. If released, police (in crime town and new town), DA, AG, employer and victim are notified.
CHINS
CHINS – under 17, runs away or can’t be cared for, unlawful bx. If under 16, truant or violates school rules.
Filed with JUDGE by parent, guardian, police, school, special attendance
Heard by: jury of 6 unless waived
Judge then can say something like therapy, probation, or DSS custody
Court can make parents pay for kids lawyer
CHINS Cannot be sent to JD facility, but a facility with JD is okay
Lasts up to 6 months, then at 6 month extensions
Not continued past 18th birthday if filed by parents, not past 16th if by school
Can be arrested for CHINS if they fail to obey summons for hearing, then can be held up to 45 days
Child has right to appeal
Juvenile sex or arson:
Arson or sex offenders must be evaluated within 10 days by qualified diagnostician with experiences in evaluation such cases (arsonists or offenders)