Criminal defendants declared incompetent by the courts are receiving bills from state mental hospitals asking them to pay for competency restoration services, Eric Dexheimer at the Austin Statesman reported ("State bills some court-detained mental patients for their care," Oct. 20). The woman highlighted in the lede was told she owed an astonishing $97,728. "She is being billed at the rate of $509 a day."
When a defendant is declared incompetent, the court has decided they cannot make decisions for themselves - they can't even plead guilty to the charges unless the court decides they're sane enough to do so. But somehow they're suddenly responsible for inpatient mental health care they didn't ask for and don't want? Shouldn't the bill go to the county that sent the inmate there? After all, isn't the county really the client in such circumstances? They're the ones soliciting and requiring the services, not the defendant.
Heck, there are some incompetent defendants who've been held for 20 years or more; imagine the bills those folks have racked up, if they ever get out.
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10 comments:
They need to bill the counties, not the defendants, especially when the court wants them there past their clinical benefit or they do not meet inpatient criteria.
Bill Williamson County for Carolyn Barnes and see if she will not suddenly be found competent. Her case should be getting national attention. Call in a real psychiatric team to evaluate her and not WilCo hired guns.
That is just crazy. :(
This practice evokes recollection of how certain military hospitals were billing patients for treatment of wounds suffered in combat in Irag.
It takes the mind of a real bean counter to do something like this.
Oooooookay. How about billing incompetent lawyers for their client's incarceration In TDCJ?
Every patient at every State Hospital gets a bill - that has been going on for years and years. If they have money or insurance, they have to pay. If they have land or property, the State puts a lien on it. This is nothing new - I remember over 20 years ago a fellow who was a patient and a millionaire, lost everything to the State. You do realize that taxpayerss pay for those patients who have no money, right? Would you rather have our taxes go for their care or would you rather have them pay if they can? People grumble about Medicaid and people on welfare and people who have "free" medical health care. Well, mental health care is "free" too, unless you have money or insurance. And like I said - EVERY patient gets a bill.
6:43, don't know where you're getting your info. but I had a relative that was in a state hospital 4 times and never got a bill. So, apparently, every patient does not get a bill. Considering the quality of services provided at the state hospital she was in, the daily rate for Motel 6 would be significantly overpriced. At least at that particular state hospital all they do is warehouse the patients and shove pills down their throats.
6:43, if you read the linked news story, you'll find your assertion that every patient gets a bill is in fact incorrect.
Since these defendants are, by definition, unlikely to have sufficient understanding to enter into a contract, then the only other way that the state should be billing them would be if there were statutory authority for that. is there such authority? If not, surely this an unlawful taking? It's not necessary medical care in any normal sense, but borne of the state's desire to render a person competent for a trial they surely don't want in the first place.
This is just silly. The State or County should be paying for the fees. The ruling to have the defendants pay is INCOMPETENT.
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