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United States v. Hinckley

United States District Court, District of Columbia

July 27, 2016

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

          ORDER

          PAUL L. FRIEDMAN United States District Judge

         For the reasons set forth in the Opinion issued this same day, it is hereby

         ORDERED that the petition of St. Elizabeths Hospital, joined by Petitioner John W. Hinckley, Jr., for full-time convalescent leave to Williamsburg, Virginia, with conditions, is GRANTED in part and DENIED in part; it is

         FURTHER ORDERED that Petitioner John W. Hinckley, Jr. is permitted to reside full-time in Williamsburg, Virginia, on convalescent leave, which shall begin no sooner than August 5, 2016. The Hospital shall notify the Court, counsel for the government, counsel for Mr. Hinckley, and the U.S. Secret Service as to when Mr. Hinckley will travel to Williamsburg, Virginia, to begin convalescent leave; and it is

         FURTHER ORDERED that such convalescent leave is subject to the following conditions:

         1. Prior to placement on convalescent leave, St. Elizabeths Hospital (the "Hospital") and the Williamsburg treatment team - defined for these purposes as Dr. Deborah Giorgi-Guarnieri, Mr. Jonathan Weiss, and Mr. Carl Beffa - shall provide each other, the Court, counsel for the government and for Mr, Hinckley, and the United States Secret Service with a list of all treatment team providers, their telephone numbers, and email addresses. Both the Hospital and the Williamsburg treatment team shall notify counsel for the government and for Mr, Hinckley of any changes in the contact information.

         2. While on convalescent leave, Mr. Hinckley shall notify Mr. Weiss before going to any private residences.

         3. The Department of Behavioral Health at St. Elizabeths Hospital - through the Forensic Outpatient Department or "FOPD" and its Director, Dr. Nicole Johnson - shall have the ultimate responsibility for ensuring that Mr. Hinckley receives appropriate psychiatric treatment and medication while residing in Williamsburg, Virginia, on convalescent leave.

         4. Mr, Hinckley shall travel to the FOPD at 35 K Street N.E., Washington D.C., as often as clinically indicated but not less than once per month for monitoring of his mental condition and compliance with these conditions of his convalescent leave. Following his placement on convalescent leave, Mr. Hinckley shall participate in an individual psychotherapy session with Dr, Sidney Binks at the FOPD during his monthly FOPD visit. Following six months on convalescent leave, Mr. Hinckley's therapeutic relationship with Dr, Binks may terminate. Upon completion of his appointments at the FOPD, Mr. Hinckley shall return directly to his mother's home.in Williamsburg, Virginia, unless there is an emergency that requires him to remain in Washington, D.C., overnight consistent with paragraph 5 of this Order.

         5. The FOPD shall notify the United States Secret Service, counsel for Mr. Hinckley and counsel for the government of the date and time of Mr. Hinckley's scheduled FOPD appointment. They shall provide the intended travel route and time of departure from Williamsburg, Virginia. Notice shall be provided to all parties at least two weeks prior to the scheduled appointment. Mr. Hinckley shall travel directly to and from the FOPD on the designated route and may do so unaccompanied. If an emergency causes Mr. Hinckley to be delayed for more than thirty minutes, he shall notify the FOPD, and the FOPD shall immediately notify the Secret Service. If construction or an accident forces Mr. Hinckley to take an alternate route to or from Washington, D.C., Mr. Hinckley shall notify the FOPD as soon as possible, and the FOPD shall immediately notify the Secret Service. If Mr. Hinckley must spend the night in the District of Columbia or surrounding area due to an emergency, the FOPD shall immediately notify the United States Secret Service, counsel for the government, and counsel for Mr. Hinckley, and shall provide them with the location of Mr. Hinckley's accommodations for the night.

         6. Dr.'Nicole Johnson, Director of Forensic Services, at the FOPD shall conduct weekly telephone calls with Mr. Hinckley to assess the status of risk factors. She shall prepare a progress note summarizing the content of these weekly telephone calls. For the first six months of Mr. Hinckley's outplacement, Dr. Johnson shall speak with Mrs. Joann Hinckley at least once per week. Thereafter, the FOPD shall maintain telephone contact with Mrs. Hinckley twice monthly. Dr. Johnson shall document her contact with Mr. Hinckley and his mother in Mr. Hinckley's medical chart. Dr. Johnson shall consult with each member of the Williamsburg treatment team and a family member of Mr. Hinckley's prior to the monthly FOPD visits. Dr, Johnson shall submit the monthly progress notes of all Williamsburg treatment providers along with the monthly summary drafted by Mr. Weiss, see paragraph 7 of this Order, and her own progress notes to the Court and both counsel every month. Dr. Johnson shall corroborate Mr. Hinckley's self-report with the reports of treatment providers and family members by noting and addressing any discrepancies.

         7, Mr. Jonathan Weiss, a licensed clinical social worker, will provide case management services to Mr. Hinckley. Mr. Hinckley shall meet with Mr. Weiss as often as required by Mr. Weiss but not less than twice per month. Mr. Weiss will make recommendations to Mr. Hinckley and the FOPD treatment team for opportunities to increase Mr. Hinckley's socialization, enrichment, or mental health support in the Williamsburg community, and will assist Mr, Hinckley in pursuing these opportunities. He also will assist Mr. Hinckley in finding paid employment and volunteer positions. Mr. Weiss will consult with each of Mr. Hinckley's work and volunteer supervisors no less than once a month to confirm Mr. Hinckley's attendance and adequate work performance. These reports shall be integrated into Mr. Weiss's monthly progress notes for Mr. Hinckley's case management. If Mr. Weiss or any other treatment provider learns that Mr. Hinckley has been absent from his volunteer, work or other activities for more than 12 hours without prior notice to a member of the treatment team or the FOPD, that individual shall immediately notify the FOPD, who shall immediately notify the Williamsburg treatment team, counsel for the government, and counsel for Mr. Hinckley. Prior to Mr. Hinckley's monthly FOPD appointment, Mr. Weiss will provide written feedback to the FOPD and Williamsburg treatment teams, summarizing any contact with Mr. Hinckley related to case management and recommendations. He will also participate in monthly telephone conference calls with the FOPD treatment team and the other Williamsburg treatment providers prior to Mr. Hinckley's scheduled monthly FOPD appointment. Mr. Weiss will collect monthly progress notes from the Williamsburg providers, and the notes of any contact with the Hinckley family and any volunteer or work supervisors. He shall draft a summary of these materials for the Court. Mr. Weiss shall deliver these documents and the summary to Dr. Johnson every month in advance of Mr. Hinckley's monthly appointment with FOPD. Mr. Weiss will also corroborate Mr. Hinckley's self-report with the reports of treatment providers and family members by noting and addressing any discrepancies.

         8. While on convalescent leave, Mr. Hinckley shall participate in structured activities in the Williamsburg, Virginia, community, such as a volunteer position or positions and/or paid employment, which are approved by Mr. Weiss and the FOPD, He shall be responsible for volunteering and/or working at least three days each week. Mr. Hinckley shall provide a weekly schedule of his volunteer/employment activities to Mr. Weiss and the FOPD in advance. Mr. Hinckley shall consent to any employer or volunteer organization speaking with any treatment provider involved in his care. Mr. Hinckley shall promptly notify Mr. Weiss and the FOPD of any changes in his place(s) of employment and/or volunteer activities. Mr. Weiss will be the primary point of contact with the United States Secret Service regarding Mr. Hinckley's volunteer, employment, and planned recreation activities in Williamsburg.

         9. Dr., Giorgi-Guarnieri will provide psychiatric treatment to Mr. Hinckley, monitor Mr. Hinckley's risk factors, and prescribe medication for Mr. Hinckley as often as she determines is clinically indicated but not less than twice per month. After the first six months of convalescent leave, the frequency of Mr. Hinckley's appointments with Dr. Giorgi-Guarnieri may reduce to monthly, as opposed to twice monthly, if each member of the Williamsburg treatment team and Dr. Johnson agree that such a reduction is clinically indicated and appropriate for risk management. Dr. Giorgi-Guarnieri shall promptly notify the FOPD of any changes in Mr. Hinckley's prescribed psychiatric medication. Dr. Giorgi-Guarnieri will monitor Mr. Hinckley for any'signs of deterioration or decompensation in his mental condition and will be especially alert for anger, psychosis, depression, any ideas of elopement, endangerment to self or others, noncompliance with the conditions of convalescent leave, or rejection of the supervision provided to Mr. Hinckley by his family members. If any such symptoms or behaviors are detected, she will immediately notify designated staff at the FOPD. Dr. Giorgi-Guarnieri will continue to assess and monitor the risk factors identified in the Hospital's checklists, which she will complete and return to the FOPD and other members of the Williamsburg treatment team, along with written feedback summarizing her contact with Mr. Hinckley prior to his scheduled monthly FOPD appointment. Dr, Giorgi-Guarnieri also will ...


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