The Massachusetts Supreme Judicial Court concluded that substantive due process mandates that judges determine hospitalization is required before involuntarily committing a criminal defendant to a hospital for a competency determination.
In a Jan. 25 opinion, the court held that it is unconstitutional for a court to hospitalize a pretrial defendant for a clinical evaluation and observation of competency under Massachusetts General Laws Chapter 123 Section 15(b) absent a finding by a judge, by clear and convincing evidence, that hospitalization is the least restrictive means available to determine adequately a criminal defendant’s competency to stand trial.
