United States v. Pettaway, No. 14-1557 (8th Cir. 2015)
Annotate this CaseShortly before Pettaway was to be released from federal prison, the government sought his commitment under 18 U.S.C. 4246 on grounds that he was mentally ill and dangerous. After a hearing, the district court committed Pettaway for hospitalization and treatment, finding by clear and convincing evidence that commitment was appropriate. The Eighth Circuit vacated, expressing no opinion as to the appropriateness of Pettaway’s commitment, but stating that the commitment order must do more than recite Pettaway’s mental diagnosis and the opinions of mental health professionals that Pettaway’s unconditional release would create the relevant risk of dangerousness. The court heard contrary evidence in the form of testimony from Pettaway and must give some indication as to what information in the record it relied upon– such as Pettaway’s behavioral or psychological history; results of formalized assessments; recent observations, treatment notes, or interview impressions of mental health professionals; or its impressions of Pettaway’s own testimony – in reaching its conclusion.
Court Description: Per Curiam - Before Loken, Bowman and Kelly, Circuit Judges] Criminal case - Criminal law. The district court's perfunctory analysis of the factors warranting commitment under 18 U.S.C. Sec. 4246 hindered the court's review of the commitment order, and the matter is remanded for a new hearing with current information on defendant's mental health and the need for his continued hospitalization.
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