The opinion of the court was delivered by: Herndon, District Judge
I. Introduction and Background
Pending before the Court is Beasley's June 14, 2006 motion to reconsider Order committing Defendant Beasley to the custody of the Attorney General for examination and request for hearing (Doc. 19). The Government opposes the motion (Doc. 23 ). Considering the record in this case the Court does not find that a hearing is required. Based on the following, the Court denies Beasley's motion.
On April 18, 2006, the grand jury returned an indictment charging Anita B. Beasley of bank robbery by force or violence in violation of 18 U.S.C. § 2113(a) (Doc. 1). Specifically, the indictment charges that on April 17, 2006, Beasley "by intimidation did take from the person and presence of another, approximately eight hundred dollars ($800) in money, ..." from the Regions Bank located in Belleville, Illinois. On April 19, 2006, Beasley appeared before Magistrate Judge Wilkerson, she was arraigned on the indictment and pled not guilty to the charges contained in the indictment (Doc. 4). Also on April 19, 2006, Judge Wilkerson appointed the Federal Public Defender to represent Beasley, temporarily detained Beasley and set the detention hearing for April 21, 2006 (Docs. 6 & 8). On April 21, 2006, Judge Wilkerson held the detention hearing, denied the Government's motion to detain and released Beasley on $25,000 bond using property as collateral signed by Surety, William Beasley (Docs. 11 & 12). However, as a condition of her bond the Magistrate Judge provided that the Defendant was placed on home confinement, assured by electronic monitoring. Furthermore, he ordered that she undergo available medical, psychological, or psychiatric treatment and remain in an institution if required for that purpose.
On May 3, 2006, Beasley filed a notice pursuant to Rule 12.2 of the Federal Rules of Criminal Procedure (Doc. 14). The notice indicates that Beasley may assert the defense of insanity at the time of the offense and that she may introduce expert evidence relating to a mental disease or defect or any other mental condition bearing on the issue of guilt. Thereafter on May 10, 2006, the Government filed a motion to determine competency to stand trial and sanity at the time of the offense (Doc. 15). That same day, the Court granted the Government's motion, ordered Beasley to the custody of the Attorney General for a psychiatric or psychological examination pursuant to 18 U.S.C. § § 4241(d), 4242(a) and 4247(b), ad ordered that the commitment not exceed forty-five (45) days (Doc. 16).
A little over a month later, Beasly filed a motion to reconsider Order committing her to the custody of the Attorney General for examination and request for hearing (Doc. 19). Beasly argues that § § 4241 and 4247(b) are permissive -- not mandatory and that Rule 12.2 of the Federal Rules of Criminal Procedure does not give a district court authority to order a custodial psychological or psychiatric evaluation.
Rule 12.2 of the Federal Rules of Criminal Procedure states in part:
(a) Notice of an Insanity Defense
A defendant who intends to assert a defense of insanity at the time of the alleged defense must so notify an attorney for the government in writing within the time provided for the filing a pretrial motion, or at any later time the court sets, and file a copy of the notice with the clerk....
(b) Notice of Expert Evidence of a Mental Condition
If a defendant intends to introduce expert evidence relating to a mental disease or defect or any other mental condition of the defendant bearing on either (1) the issue of guilt or (2) the issue of punishment in a capital case, the defendant must - within the time provided for filing a pretrial motion or ay any later time the court sets -- notify any attorney for the government in writing of this intention and file a copy of the notice with the clerk...
(1) Authority to Order an Examination; ...