IN SIBETANG’S CASE DPS, DPH given until Aug. 16 to comply with court order

Superior Court Judge Timothy H. Bellas yesterday gave the Department of Public Health and the Department of Public Safety until Aug. 16, 2000 to meet the requirements he has imposed in ensuring that murder suspect Dwayne M. Sibetang gets appropriate treatment while in prison.

In extending the earlier deadline he has set for the two government agencies, Judge Bellas recognized the need to give the officials more time to carry out the court order.

In his decision last week, Judge Bellas ordered DPS and DPH to provide adequate facilities that are sufficiently staffed with qualified mental health professionals.

The court has also directed the Division of Corrections to renovate the detention facility for mentally ill detainees and convicts.
Judge Bellas has ordered the CNMI government to certify on or before July 12, 2000 that the DOC has all the necessary facilities that meet the requirements of the Patient’s Rights Act and the Criminal Commitment Act.

Both the CCA and the PRA require that Mr. Sibetang, who is mentally-ill, receive prompt and adequate treatment by qualified mental health professionals, including a forensic psychiatrist 24 hours a day.

Mr. Sibetang, 28, is facing first degree murder for the slaying of nonresident worker Ma Dong Che on March 16, 2000.

During a court hearing, Assistant Attorney General James Benedetto said it will require a lot of money for the government to hire a forensic psychiatrist who will be available 24 hours a day. It will cost the government $200,000 to hire one forensic psychiatrist.

Mr. Benedetto said the renovation cannot be done without following proper procurement rules and regulations, i.e., bidding for any changes that must be made in the facility for mentally-ill detainees.

Assistant Public Defender Robert Torres opposed the motion of the Commonwealth for an extension of the court’s deadline saying the Attorney Genera’s Office has not even submitted a timetable on how it will comply with the court order.

In fact, DOC has not even taken advantage of sending its staff to the Commonwealth Health Center to attend the training which the mental health staff can provide. “There should not be any delay. It is time for the Commonwealth to act and do something about this,” Mr. Torres said.

When told of the financial implications of his court order, Judge Bellas said: “We are only here to interpret the statutes laid down by the Legislature. I don’t think in terms of dollars as someone’s life is at stake here.”