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United States v. Gomez

United States District Court, E.D. California

April 10, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ROBERT FLORES GOMEZ, A cquitted Person.

          HEATHER E. WILLIAMS Federal Defender VICTOR M. CHAVEZ Assistant Federal Defender Attorney for Defendant ROBERT FLORES GOMEZ

          Anthony W. Ishii Judge

          ORDER GRANTING MOTION FOR CONDITIONAL RELEASE FROM PSYCHIATRIC HOSPITALIZATION PURSUANT TO 18 U.S.C. § 4243(f); EXHIBIT

         ROBERT FLORES GOMEZ through his attorney of record, Assistant Federal Defender Victor M. Chavez, hereby moves this court for an order pursuant to 18 U.S.C. § 4243(f) granting him a conditional release from his psychiatric hospitalization at the United States Medical Center for Federal Prisoners, Springfield, Missouri. The government by Assistant United States Attorney Kimberly A. Sanchez is not opposed to Mr. Gomez's motion for conditional release and is not requesting a hearing on the motion.

         PROCEDURAL HISTORY

         Mr. Gomez was charged by indictment filed on April 26, 2007 with assaulting an officer in violation of 18 U.S.C. § 111(a)(1) and assault in violation of 18 U.S.C. § 113(a)(4), (Doc. 6). After a bench trial he was adjudicated not guilty by reason of insanity on August 8, 2007 (Doc. 17). Thereafter, on August 10, 2007 Mr. Gomez was committed to the custody of the Attorney General under 18 U.S.C. § 4243(a) and (e). The court concluded that his release would create a substantial risk of bodily harm to another person or serious damage to property of another due to his present mental illness (Doc. 21, 23).

         Mr. Gomez was originally housed at the Federal Medical Center in Rochester, Minnesota. Since March, 2009 he has been treated at the United States Medical Center for Federal Prisoners in Springfield, Missouri. His case came before this Court on a regular basis for status conference reviews of his civil commitment and his mental health status was reviewed at least annually by the medical staff at the institution. In a May 20, 2015 report Mr. Gomez was found suitable for a conditional release by his Risk Assessment Panel. The panel concluded that his condition had improved such that he would not present a substantial risk of bodily injury to another person or serious damage to the property of another due to his mental illness at this time if he were released under a prescribed regimen of care and treatment. The Panel recommended release to suitable housing with ongoing mental health treatment to include close monitoring of medication compliance.

         Since approximately June, 2015 Ms. Kristi Jackson, LCSW, the social worker assigned to this case and Rick Tarazon, United States Probation Officer, have searched for a suitable placement for the conditional release of Mr. Gomez. In June, 2016 the Risk Assessment Panel conducted its annual review of Mr. Gomez's case and continued to recommend his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment under 18 U.S.C. § 4243(f)(2).

In March, 2017 a suitable conditional release placement for Mr. Gomez was identified. Mr. Gomez was accepted by K&R Manor Group Home, located at 9817 Stephens Street, Delhi, California 96315. This home has been visited and approved for placement of Mr. Gomez by the Probation Office, Eastern District of California. The home was visited by United States Probation Officer, Tim Mechem. United States Probation Office, Rick Tarazon will supervise Mr. Gomez in the community and has agreed to the release plan consisting of residence at K&R Manor Group Home and provision of mental health care and case management services at Merced County Behavioral Health Center. Mr. Gomez's Social Security Disability Income will be reestablished once he returns to California. In addition the following conditions of conditional release are proposed for Mr. Gomez and it is requested that these conditions be incorporated into the Court's release order.

         Conditions of Release:

1) Mr. Gomez shall reside at K&R Manor Group Home located at 9817 Stephens Street, Delhi, California 96315. Any change in his residence must first be approved by the United States Probation Officer.
2) Mr. Gomez shall be supervised by a U.S. Probation Officer and he will follow all instructions given by his Probation Officer.
3) Mr. Gomez shall actively participate in, and cooperate with, the prescribed regimen of mental health care and psychiatric aftercare as directed by the U.S. Probation Officer and the treating mental health provider. This shall include his voluntary admission to an inpatient facility for stabilization should it be deemed necessary. He shall follow all the rules, regulations and instructions of the treatment staff and comply with the treatment regimen recommended. Also, he will not change mental health providers without the approval of the U.S. Probation Officer.
4) Mr. Gomez shall continue to take such medication, including injectable units, as prescribed for him by the medical/mental health provider.
5) Mr. Gomez waives his rights to confidentiality regarding his mental health treatment in order to allow sharing of information with the supervising U.S. Probation Officer and other mental health treatment providers, who will assist in ...

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