United States District Court, N.D. Oklahoma
OPINION AND ORDER
TERENCE KERN United States District Judge.
matter comes before the Court on the Show Cause Order of July
31, 2018. and the Motion to Show Cause filed by the
Defendant, Terrence Anthony Brown. Docs. 81, 82. In its
order, the Court instructed Defendant to show cause
why-pursuant to the Forensic Psychological Report produced by
the Risk Assessment Panel at the U.S. Medical Center for
Federal Prisoners-he should not be committed to a suitable
facility for individuals suffering from a mental disease or
defect. Id. In response, Defendant filed a document
titled, “Motion to Show Cause, ” in which he
argues that commitment under the current scenario is
improper, and he requests conditional release. Doc. 82. The
United States opposes Defendant's request. Doc. 84.
September 2, 2003, Defendant Terrence Anthony Brown was
charged in the Northern District of Oklahoma, in Indian
Country, with breaking and entering in violation of 18 U.S.C.
§§ 1151 and 1153 and 21 O.S. §§ 1431 and
1435; knowingly attempting to cause an adult female to engage
in a sexual act by using force and threatening and placing
her in fear that she would be subjected to serious bodily
injury and death, in violation of 18 U.S.C. §§
1151, 1153, 2241(a) and 2246(2)(A), (B) and (C); breaking and
entering the dwelling house of an adult female with intent to
commit some crime, in violation of 18 U.S.C. §§
1151 and 1153 and 21 O.S. §§ 1431 and 1435; and
knowingly attempting to cause an adult female to engage in a
sexual act by using force against her and threatening and
placing her in fear that she would be subjected to serious
bodily injury and death, in violation of 18 U.S.C.
§§11151, 1153, 2241 and 2246. Doc. 6.
February 10, 2005, Defendant was remanded to the custody of
the United States Attorney General pursuant to 18 U.S.C.
§ 4256 for an evaluation of dangerousness after being
found incompetent to stand trial. Doc. 53. On July 5, 2005,
the warden of the federal Medical Center in Butner, North
Carolina, informed the Court that:
It is our opinion that Mr. Brown is not suffering from a
mental disease or defect as a result of which his release
would create a substantial risk of bodily injury to another
person or serious damage to the property of another.
He remains on Seroquel 800 mg at bedtime and requires
psychiatric follow-up at least once every three months for
monitoring of side effects and mental status.
Doc. 58. Following a competency hearing on August 18, 2005,
the Court determined that Defendant should be conditionally
released to the custody of his grandmother and aunt pursuant
to 18 U.S.C. § 4246(e)(2). Id. The Court imposed
conditions of release typically applied to supervised
release, including a prohibition against the use of alcohol
or controlled substances or paraphernalia related to such
substances; urinalysis and other forms testing for illicit
drug use, substance abuse treatment; participation in a
program of mental health treatment, as directed by the
probation officer; compliance with any mental health drug
regiment prescribed by a mental health provider;
participation in sex offender treatment; and residency and
participation in a halfway house, psychiatric halfway house,
or group home. Id.
14, 2009, felony charges of Attempted Rape-First Degree,
Forcible Sodomy and Burglary-First Degree were filed against
Defendant in Osage County, Oklahoma District Court, No.
CF-2009-195. Doc. 59. On July 23, 2009, this Court issued a
warrant for Defendant's arrest for violation of the
conditions of his conditional release. Doc. 60. On October 5,
2010, Defendant pleaded guilty to all counts charged against
him in the state court case. Doc. 82, Exs. 5-6. He was
sentenced to three 20-year terms, to run concurrently, with
all but the first 10 years suspended. Id., Ex. 7.
February 20, 2018, after Defendant was released from Oklahoma
prison to his federal hold, he appeared before this Court for
a hearing on an Order on Conditional Release alleging he had
violated his conditions of release. Doc. 77. On February 23,
2018, the Court ordered that Defendant be remanded to the
custody of the United States Attorney General for an
evaluation of dangerousness pursuant to 18 U.S.C. §
4246. Doc. 78.
26, 2018, the Court received and filed a Forensic
Psychological Report produced by the Risk Assessment Panel at
the U.S. Medical Center for Federal Prisoners. Doc. 83. The
Panel opined that Defendant's release would create a
substantial risk of bodily injury to another person or
serious damage to the property of another, and it recommended
civil commitment for inpatient treatment. Id. On
July 31, 2018, the Court ordered counsel in this case to show
cause within 30 days as to why Defendant should not be
committed to a suitable facility for individuals suffering
from a mental disease or defect. Id.
response to the Court's Show Cause order, Defendant filed
a Motion to Show Cause asserting that:
. the original order releasing him under
conditions of release did not comply with the statutory
mandates concerning the release of inmates pursuant to 18
. proceeding with revocation of the
conditional discharge of Defendant under 18 U.S.C.
§4246(f) would deny Defendant important Due Process
rights attendant with the civil commitment process; the
hearing should be conducted ...