This month an SJC Justice ruled that a judge abused his discretion by jailing a mentally ill defendant without the right to bail while the defendant awaited a bed at a psychiatric hospital.
The judge ordered the defendant to undergo a 20-day inpatient competency examination at one of the state’s psychiatric hospitals. See G.L. c. 123, Sec. 15b.
No beds were available. So the judge revoked the defendant’s bail and sent him to the house of corrections until a hospital could take him. This is a very common (and sometimes egregious) practice in district court.
The SJC Justice held that the judge’s order jailing the defendant was an abuse of discretion. The Justice gave the following reasons for her ruling.
First, there is no apparent basis under G. L. c. 276, § 58 (the bail statute), for revoking this defendant’s bail.
Second, G. L. c. 123, § 15 (b), (the hospitalization statute) does not by its terms contemplate detention in a house of correction pending the availability of a hospital bed.
Third and finally, the court notes that the record is clear that the judge did not hold the defendant on dangerousness grounds pursuant to G. L. c. 276, § 58A, nor civilly commit him because of a likelihood of serious harm by reason of mental illness pursuant to G. L. c. 123, § 12.
The full text of the SJC order is attached below.