STATE OF MARYLAND v. TRAVIS SANDERS
Court of Special Appeals, Reed, September 4, 2018,
Incompetency – The trial court in a competency hearing cannot declare a defendant eligible for Developmental Disabilities Administration services
Facts:
In 2013, Travis Sanders was indicted in Baltimore County for various sex offenses. He entered a plea of not criminally responsible.
The circuit court committed Sanders to the Health Department for examination regarding “possible mental retardation.”
Doctors from the Health Department concluded that Sanders was not competent to stand trial, but that he was a danger to himself or others.
Sanders was then committed to Spring Grove.
While at Spring Grove, Sanders applied for services from the Developmental Disabilities Administration (DDA), but was denied because he did not meet criteria.
In 2015, during a review hearing on Sanders’ commitment, the trial court continued Sanders’ commitment, but ordered him transferred from Shady Grove to a DDA facility and declared that he was eligible for DDA services.
The Health Department appealed the order, arguing that the trial judge had no right to declare Sanders eligible for DDA services.
Held: The Court of Special Appeals held that a trial judge during a competency hearing does not have the authority to declare someone eligible for DDA services.
Competency Hearing – Commitment – If, after a hearing, the court finds that the defendant is incompetent to stand trial and, because of mental retardation or a mental disorder, is a danger to self or the person or property of another, the court may order the defendant committed to the facility that the Health Department designates until the court finds that:
– the defendant no longer is incompetent to stand trial;
– the defendant no longer is, because of mental retardation or a mental disorder, a danger to self or the person or property of others; or
– there is not a substantial likelihood that the defendant will become competent to stand trial in the foreseeable future.
Competency Hearing – Commitment – “If a court commits the defendant because of mental retardation, the Health Department shall require the Developmental Disabilities Administration to provide the care or treatment that the defendant needs.”
From the Case: This section, ordering the Health Department to provide services as needed, “clearly does not grant the court authority to determine one’s eligibility for DDA services. It makes no mention of eligibility and the rules of statutory interpretation do not allow this court to create a meaning not evidenced or intended.”
DDA Services- Eligibility – “It is clear that the legislature intended that determinations regarding an individual’s eligibility for post-commitment DDA services be made by the Health Department.”