Trillo-Cerda

ORDER

I. Overview

The court has determined that defendant Luis Trillo-Cerda (“defendant”) is not competent to stand trial in an unmedi- cated state, and the court has concluded that it will not order that defendant be forcibly medicated. Thus, the issue confronting the court is whether the court must simply release defendant, or whether defendant is subject to civil commitment proceedings under 18 U.S.C. § 4246 .

II. Background

18 U.S.C. § 4241 provides that prior to the sentencing of a defendant, the court shall order a competency hearing “if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.” 18 U.S.C. § 4241 (a). In an order filed November 20, 2001, the court concluded that there was reasonable cause to believe that defendant might be suffering from a mental disease or defect rendering him incompetent to stand trial. Accordingly, the court ordered a mental competency evaluation in accordance with 18 U.S.C. § 4241 (b) and subsequently…