Judge orders psychological and competency exams after court hears DDRF rejection and treatment limitations
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Summary
After hearing that DDRF would not accept a defendant for placement and that other treatment programs could be unsuitable, the judge ordered psychological and competency evaluations and instructed the parties to proceed with an expert evaluation process.
The 187th Judicial District Court ordered psychological and competency evaluations for a defendant after the court heard probation and counsel report that local treatment placements, including DDRF, could not address the defendant's needs.
Defense counsel said the defendant (referred to in the hearing as "Miss Barra" in court) had been placed at a treatment facility but that DDRF reported it could not address the defendant's specific consumption and behavioral issues. Probation advised the court that felony drug court likely would not accept the defendant and that DDRF declined further placement because the defendant continued to consume items that posed risks to the facility and the defendant.
The defense asked the court to order an expert psychological or competency examination to better inform case disposition and potential placement. A physician who appeared for the hearing estimated a typical turnaround time of weeks for evaluations.
"I'm ordering you to do a psychological and also a competency if you would like both," Judge Stephanie Boyd said on the record. The judge also said she would attempt to contact doctors available for evaluations and that, if defense filed a formal motion, she would sign an order authorizing an expert evaluation. The court and counsel discussed logistics and the possibility of recalling the defendant later the same day if a doctor became available.
The court directed the clerk and counsel to follow ordinary procedures for scheduling and documenting the evaluations and left placement and any further disposition to the results of the evaluations and subsequent filings.
