I'm Mr. Seagull and I neither
approve nor disapprove of this summary.
I'm just a bird with an expression that
vaguely resembles the famous
McKayla Maroney shot from 2012
By Andrew Delaney
Once a criminal defendant has been found incompetent or insane, what’s the State’s Attorney’s role in the case, if any?
This is kind of a weird appeal. It stems from the State’s Attorney’s attempt to be heard on motions for continued treatment after mental-health orders had expired. It’s kind of a “we’re not-done-with-you-yet!” appeal. But the SCOV, in proper judicial fashion, says, “Oh, we’re done.”
DH was charged with simple assault on a police officer and resisting arrest. After DH’s competency and sanity was evaluated, the parties agreed that he was insane at the time of the offense and to a 90-day order of non-hospitalization (ONH) under this statute (subsection 17 if you’re curious). Because a personal injury was involved, there had to be a hearing before DH was discharged from the care and custody of the Commissioner of Mental Health.