State v. Helffrich
| Citation | 174 Ariz. 1,846 P.2d 151 |
| Decision Date | 27 August 1992 |
| Docket Number | CA-CR,No. 1,1 |
| Parties | STATE of Arizona, Appellee, v. Robert Anthony HELFFRICH, Appellant. 90-013. |
| Court | Court of Appeals of Arizona |
Robert Anthony Helffrich ("Helffrich") appeals from the denial of his motion to dismiss or, in the alternative, motion for unconditional release from the custody of the Arizona State Hospital ("hospital"). We affirm the trial court's order in part, reverse it in part and remand this matter for further proceedings in accordance with this decision.
Helffrich was acquitted of aggravated assault because he was not responsible by reason of insanity. Ariz.Rev.Stat.Ann. section ("A.R.S. s") 13-502(A). 1 The trial court found that he would have been convicted as charged if found responsible and that his act involved a substantial risk of physical injury to another. A.R.S. § 13-502(D). Helffrich then was committed to the custody of the hospital. A.R.S. § 13-3994(A).
Approximately two months later, the medical director of the hospital filed a notice of intent to conditionally release Helffrich pursuant to A.R.S. § 13-3994(C) and § 36-540.01. Under § 13-3994(C), a person acquitted of criminal charges and committed to the hospital ("acquittee") may be conditionally released if he proves by clear and convincing evidence that he meets the criteria set forth in A.R.S. § 36-540.01(A). 2
At the conditional release hearing, Helffrich moved for dismissal or unconditional release. He objected to conditional release, alleging that: (1) A.R.S. § 13-3994(C) violates due process by allowing an acquittee to be placed on conditional release for an indefinite period of time; (2) § 13-3994(C) violates equal protection because it allows an acquittee to be conditionally released for an indefinite period of time while a civilly-committed person is conditionally released for a specific time period; (3) § 13-3994(D) violates due process because it does not provide for a release hearing until an acquittee has been committed for 120 days; and (4) the evidence warranted unconditional release.
The trial court ordered Helffrich conditionally released, but requested additional memoranda on his arguments. After a supplemental hearing, the court ruled that Helffrich was not entitled to an unconditional release because he was still suffering from a mental disease or defect and that the statute's provision for indefinite conditional release was constitutional. It further held that the issue of the constitutionality of the 120-day release hearing period was moot. The prior order for Helffrich's conditional release was affirmed; his motion for dismissal or unconditional release was denied.
Helffrich timely appealed from the denial of his motion. On appeal, he reasserts his argument that various conditional release provisions under A.R.S. § 13-3994 are unconstitutional and that the trial court erred in failing to unconditionally release him. 3
Helffrich argues that A.R.S. § 13-3994(C) violates due process because it allows a person in his position to be subject to an indefinite period of conditional release. He contends that the trial court should have applied to the terms of his conditional release the provisions of A.R.S. § 36-540.01(D), which limits the length of conditional release to the remainder of a court-ordered treatment period.
In reviewing the constitutionality of a statute, the trial court has jurisdiction to uphold or strike the statute. However, under the separation of powers doctrine, neither it nor this court may, as Helffrich asks, alter the statute in an attempt to remedy a perceived constitutional infirmity. Chevron Chemical Co. v. Superior Court, 131 Ariz. 431, 440, 641 P.2d 1275, 1284 (1982); Wilson v. Industrial Comm'n of Ariz., 147 Ariz. 261, 265, 709 P.2d 895, 899 (App.1985).
The amount of due process to which a person is entitled is directly related to the importance of the interest at stake and the degree of its impairment. Morrissey v. Brewer, 408 U.S. 471, 481-82, 92 S.Ct. 2593, 2600-01, 33 L.Ed.2d 484 (1972); Haygood v. Younger, 769 F.2d 1350, 1355-56 (9th Cir.1985). In Jones v. United States, 463 U.S. 354, 103 S.Ct. 3043, 77 L.Ed.2d 694 (1983), the Supreme Court upheld the indefinite commitment of those acquitted by reason of insanity. By definition, conditional release is a less restrictive form of treatment than commitment. Therefore, the liberty interest associated with conditional release is neither more important nor is its impairment greater than the liberty interest affected when a person is indefinitely committed. Accordingly, the standards set by the Court in Jones will be held to meet or exceed the due process requirements for conditional release.
The statute interpreted in Jones, D.C.Code § 24-301(d)(1) (1981), provides that:
If any person tried upon an indictment or information for an offense raises the defense of insanity and is acquitted solely on the ground that he was insane at the time of its commission, he shall be committed to a hospital for the mentally ill until such time as he is eligible for release pursuant to this subsection or subsection (e) of this section.
The Court held that the indefinite commitment of an acquittee did not violate the due process clause, even though the person may be hospitalized for a period longer than he might have spent in prison for the offense had he been convicted. 463 U.S. at 368, 103 S.Ct. at 3051. Due process requires only that " 'the nature and duration of commitment bear some reasonable relation to the purpose for which the individual is committed.' " Id. (quoting Jackson v. Indiana, 406 U.S. 715, 738, 92 S.Ct. 1845, 1858, 32 L.Ed.2d 435 (1972)). In this relationship between the nature and duration of indefinite commitment and its purpose, "[t]he purpose of commitment following an insanity acquittal, like that of civil commitment, is to treat the individual's mental illness and protect him and society from his potential dangerousness." Id.
Similar to the District of Columbia statute, A.R.S. § 13-3994(A) states that "[a] person who is found not responsible for criminal conduct pursuant to § 13-502 shall be committed to a secure mental health evaluation or treatment agency until the person is eligible for release pursuant to this section." Then, before a person may be conditionally released, § 13-3994(C) provides that, pursuant to A.R.S. § 36-540.01(B), a written outpatient treatment plan must be prepared and approved by the mental health agency's medical director. The statute also requires that the medical director order regular reports, not more than 30 days apart, on the conditionally-released person. If the medical director is not satisfied with the person's performance, he may amend the treatment plan or rescind the conditional release and order the person to return to the mental health facility. These statutory requirements reveal that the dual purpose behind the conditional release provisions is to treat the acquittee's mental health while also establishing prophylactic measures to protect him and society in the event he becomes dangerous. The nature and duration of conditionally releasing a person is reasonably related to the purpose of the release. Upon the direction of Jones, due process is not violated by conditionally releasing an acquittee for an indefinite period of time.
Helffrich argues that A.R.S. § 13-3994(C) also violates equal protection because it allows persons in his position to be conditionally released for an indefinite period of time while, pursuant to A.R.S. § 36-540.01, civilly-committed people are conditionally released for a specific time period. 4 The state relies on Jones, 463 U.S. at 370, 103 S.Ct. at 3052, to argue to the contrary.
The Supreme Court in Jones implied that there was, for equal protection purposes, a rational basis for having different commitment standards and lengths for acquittees than for civilly-committed persons. It reasoned that, if due process was not violated by affording acquittees different procedural safeguards than civilly-committed persons, then "there necessarily is a rational basis for equal protection purposes for distinguishing between civil commitment and commitment of insanity acquittees." 463 U.S. at 362 n. 10, 103 S.Ct. at 3048 n. 10. This rationale appropriately is extended in application to the conditional release process.
As stated in Jones, "acquittees constitute a special class that should be treated differently from other candidates for commitment." 463 U.S. at 370, 103 S.Ct. at 3053. The special class status which Jones conferred upon acquittees at commitment is equally applicable as treatment continues because the nature of the class does not change as the individuals progress through therapy. Pursuant to A.R.S. § 13-3994(C), the provisions of A.R.S. § 36-540.01(B) are applicable to the conditional release of acquittees. As § 36-540.01(B) states, conditional release is a form of therapy requiring the preparation of a written outpatient treatment plan prior to an acquittee's conditional release.
Given that the Supreme Court in Jones instructed that acquittees and those persons civilly committed should be treated differently regarding commitment, 463 U.S. at 370, 103 S.Ct. at 3053, it follows that, at the very least, the groups may be subject to different conditional release procedures. Accordingly, there is a rational basis for permitting acquittees to...
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