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United States v. Hinckley

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


September 29, 2005

UNITED STATES OF AMERICA,
v.
JOHN W. HINCKLEY, JR.

The opinion of the court was delivered by: Paul L. Friedman United States District Judge

MEMORANDUM OPINION AND ORDER

On September 19, 20, 21 and 27, the parties came before the Court for a hearing on John W. Hinckley, Jr.'s motion pursuant to D.C. Code §24-501(k) and St. Elizabeths Hospital's petition pursuant to D.C. Code §24-501(e) . At the conclusion of the hearing, counsel for St. Elizabeths Hospital seemed to embrace the "Phase III" change-ofvenue approach expanding privileges in further and longer outings by Mr. Hinckley with his parents, as articulated by Dr. Robert Phillips, as the one best reflecting the Hospital's proposal, but to reject the "Phase IV" transitional approach at this time.*fn1 That having been explained, the Court requires further clarification from St. Elizabeths Hospital beyond what is stated in its August 2, 2005 petition as to how it proposes to implement this "Phase III" plan or any Court order incorporating certain aspects of the Hospital's, or Mr. Hinckley's proposals. Accordingly it is hereby ORDERED that on or before October 14, 2005 the Hospital shall supplement its Section 501(e) petition by providing the following additional information in writing to the Court and counsel:

1. Identify additional detail about the specific therapeutic goals intended for each proposed outing or series of outings. Identify the practical goals and means by which the therapeutic goals will be accomplished, e.g., if a therapeutic goal is for Mr. Hinckley to become acclimated to his parents' community, a practical goal may be for him to walk unaccompanied on the grounds. In addition to identifying the therapeutic and practical goals, the Hospital shall provide the Court with a description of how this practical goal will be accomplished, e.g., Mr. Hinckley will have a period of time each day of the visit to walk unaccompanied for a specified amount of time in a specified area of his parents' community.*fn2

2. Provide a written agreement or understanding between Dr. John J. Lee, M.D., a psychiatrist in the area near his parents' community, and the Hospital concerning what services Dr. Lee will be providing during each proposed outing to Mr. Hinckleys' parents' community and what role Dr. Lee will have during these outings.*fn3 The Court requires a more exact understanding of Dr. Lee's willingness, availability and role in Mr. Hinckley's overall treatment scheme.

3. Since the venue of the proposed Phase III outings and their goals are different from those in the already successfully completed Phase I and II outings permitted by the Court, provide updated, revised forms regarding the protocol for each visit, i.e., "Agreement to Assume Supervisory Responsibility for Patient while on Limited Conditional Release," "Media Plan," "Relapse Prevention Plan Feedback From Responsible Person Supervising Patient While On Conditional Release," "Relapse Prevention Plan Feedback From Patient While On Conditional Release," as well as any newly created forms, agreements or plans devised by the Hospital in preparation for the proposed outings to Mr. Hinckleys' parents' community.

SO ORDERED.


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