Court orders DOC to provide facility for mentally-ill inmates

Superior Court Associate Judge Timothy H. Bellas has ordered the CNMI government to certify on or before July 12, 2000 that the corrections facility where murder suspect Dwayne M. Sibetang is currently being detained conforms with the requirements of the Patient’s Rights Act and the Criminal Commitment Act.

Both the PRA and the CCA require that Mr. Sibetang receive prompt and adequate treatment by qualified mental health professionals. Since Mr. Sibetang is detained at the Division of Corrections, it is the responsibility of the custodial officials to ensure that such services are provided for detainees like him.

At the same time, the CNMI government should certify that the Commonwealth Health Center’s treatment facility where he is receiving treatment is sufficiently staffed with qualified mental health professionals.

The CNMI government shall also report to the court measures that it will train DOC Officers, personnel and supervisors in the management of detainees and inmates with mental illnesses.

Judge Bellas also ruled that proceedings on Mr. Sibetang’s case will proceed immediately after he was found competent to stand trial.
“While the court is not directing the Commonwealth to build a facility for persons with mental illness separate in sight, sound and location from other detainees and inmates by this date, it is reasonable for the Commonwealth to modify , renovate or reconfigure an existing facility by then to insure that detainees and inmates with mental illness such as the defendant will be managed appropriately,” Judge Bellas said.

Judge Bellas further directed the Commonwealth to certify on or before July 5, 2000 that it has prepared a written individualized treatment plan for Mr. Sibetang as mandated under the Patient’s Rights Act. Among those which the Commonwealth should certify the following: the treatment plan is being followed and maintained, treatment has been and will be reviewed periodically, appropriate treatment is being provided and maintains records of medication administered for the defendant who is also provided with information of his medication.

Mr. Sibetang, 28, is charged with first degree murder for the slaying of Chinese nonresident worker Ma Dong Che on March 16, 2000. He is suffering from organic personality disorder caused by a lead pellet embedded in his head when he accidentally fired an airgun and hit his right eye when he was eight years old.
Mr. Sibetang has been shuttling back and forth from the DOC to CHC after he tried to commit suicide by hanging himself in his cell.

Public Defender Robert Torres has maintained that being detained at DOC is not for the best interest of Mr. Sibetang since he needs adequate treatment in a well-equipped facility. He however, also recognized that the general public is at risk if he is placed at CHC since it is an unsecured place.

Mr. Torres commended the court’s decision which he said reaffirms the importance of the statute and underscored the fact that the Commonwealth is skeptic in enforcing it.

“It is a landmark decision upholding the rights of mentally ill in the CNMI. The Patient’s Rights Act and the Criminal Commitment Act are statutes which are unique in the Commonwealth since these afford mentally ill persons with substantial rights.
The court just reaffirmed the Commonwealth’s obligation to reinforce these statutes,” Mr. Torres said.