Rivera-Morales

ORDER REGARDING CERTIFICATION PURSUANT TO 18 U.S.C. § 4246

I. Introduction

The government has filed a motion for an order requiring FMC-Butner to evaluate defendant Juan Raymond Rivera-Morales for dangerousness pursuant to 18 U.S.C. § 4241 (d) and § 4246. For the reason set forth below, the motion is granted.

II. Background

The court previously found that defendant was not competent to stand trial and ordered defendant committed to FMC-Butner for treatment pursuant to 18 U.S.C. § 4241 (d). The government has filed a motion requesting that the court not order that defendant be involuntarily medicated but that the court order FMC-Butner to evaluate defendant for dangerousness. Defendant agrees that he should not be involuntarily medicated. The parties disagree, however, as to whether the court can order FMC-Butner to conduct a dangerousness evaluation pursuant to § 4241(d).

III.Analysis

A. Involuntary Treatment

The court concurs with the parties that involuntary medication is not appropriate here. Although the court may under appropriate circumstances order involuntary medication of a mentally ill prison detainee in order to render the detainee competent for trial, see Sell…