Petitioner, Commissioner of the New York State Office of Mental Health, applies to the court for an order recommitting the defendant to a secure psychiatric facility under Criminal Procedure Law §330.20 (14) in that he currently suffers from a dangerous mental disorder. The Kings County District Attorney joins in the application.

In early 1999, the defendant, living in Arizona, became increasingly paranoid and delusional. He expressed beliefs of people lurking in bushes and following him to do him harm. He began sleeping in the park and spiraling down the depths of paranoid schizophrenia. In May, the defendant's parents convinced him to return to New York to live with them where they planned to get him psychiatric help. Defendant's mental state was such that on May 14, 1999, he repeatedly struck his mother with an iron, killing her.

Indicted for murder, an examination to determine his fitness to proceed to trial was ordered and the defendant was found to be suffering from auditory hallucinations and paranoid delusions. He was assaultive in jail and required restraints. The defendant was found unfit for trial and committed to a secure psychiatric facility.

In 2001, as a result of the overwhelming psychiatric evidence, the People consented to the entry of a plea of not responsible by reason of mental disease or defect. Defendant was thereupon committed to a secure psychiatric facility for examination to determine his mental condition (CPL 330.20). He was initially found to be dangerously mentally ill. In late 2003, however, as a result of another forensic examination, the defendant, now compliant with treatment and medication, and in good behavioral control, was found mentally ill but no longer a danger to himself or others. As a result of that finding, the defendant was transferred to Kingsboro Psychiatric Center, a non-secure facility, on June 24, 2004. Over the next several months he did well at Kingsboro, to the point of having unescorted grounds privileges. In November 2005, the doctors discontinued the defendant's medications believing he was not psychotic and that the psychosis that resulted in his mother's death had been drug-induced.

The defendant continued to do well until April 2006, about five months after being taken off medications. He was terminated from his rehabilitation program for bizarre behavior and started breaking the rules of the hospital, including bullying weaker patients. A May 2006 psychiatric test indicated he was "highly manipulative and prone to anti-social strategies." His grounds privileges were suspended in June 2006. Soon after he began acting threateningly and aggressively, and other patients complained of his bullying. In August, he assaulted a patient and threatened staff, resulting in emergency injections of medication.

Late on the night of August 4, 2006, the defendant tried to escape from Kingsboro and physically assaulted the hospital staff who prevented his escape. It is reported that he was in possession of several thousands of dollars.

Defendant was transferred to a secure facility pursuant to a recommitment order. He has refused medication, violated the facility's rules and remains assaultive and threatening.

On an application for recommitment of a patient found not responsible from a non-secure to a secure forensic facility, Criminal Procedure Law §330.20 (14) requires the court to hold a hearing. The purpose of the hearing is "to determine if the

defendant has a dangerous mental disorder" and the movant must prove this by a preponderance of the evidence (Matter of George L., 85 NY2d 295). [*2]

Such a hearing was held before the court on the application for recommitment. Dr. Anuj Gupta testified credibly at the hearing that this defendant suffers from chronic paranoid schizophrenia with a history of past violence. He described the defendant's bizarre behavior, dangerous impulses and his opinion that although not acutely psychotic "because of a mental illness he constitutes a danger to himself or others."

The defendant counters this opinion by arguing that his escape was not impulsive or the result of an acute psychosis, but rather, "goal-oriented". As a result, he contends the Commissioner has failed to show he suffered from a dangerous mental disorder. Even if this analysis were true, it ignores the reality of his actions from May 2006, where certain "anti-social strategies" were noted, escalating to threatening and aggressive behavior resulting in the termination of grounds privileges in June and his assault on staff on August 4th. Taken in their totality, this behavior clearly shows that the defendant suffers from a psychiatric disturbance, manifested by paranoia and dangerous impulsivity. As such, he poses a danger to others and requires treatment in a secure facility.

It is the court's opinion that the defendant's recommitment under CPL 330.20 (14) is necessary to satisfy "the State's interest in protecting the public safety, safeguarding the rights of insanity acquittees and providing treatment for those acquittees who suffer from a mental illness." (In re Ernst J., 292 AD2d 528).

The application is granted.

This constitutes the Decision and Order of the court.

____________________________

Matthew J. D'Emic

J.S.C.