Crone, J.
Case Summary
The State charged Evan Leedy with four felony counts of operating while intoxicated (“OWI”) stemming from an automobile accident in which his girlfriend was killed and another motorist was seriously injured. The defense sought to have him declared incompetent to stand trial, and the trial court found him incompetent and committed him to the Division of Mental Health and Addiction (“DMHA”) pursuant to Indiana Code Section 35-36-3-1. Leedy sought review via interlocutory appeal, and the trial court stayed his commitment pending our review. Finding that the trial court followed the statutory procedure and that the statute does not run afoul of Leedy’s due process rights, we affirm.
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Here, Leedy concedes that “there has not been a finding that [he] is not restorable.” Appellant’s Br. at 8, n.6. Rather, he asserts that he “must get therapies DMHA cannot provide if there is to be any hope of restoration.” Id. With respect to the restoration issue, we note the following: (1) the trial court did not make any specific finding concerning Leedy’s chances at restoration (assuming arguendo that such a finding would have had any legal effect, given the language of the statute); (2) the expert testimony presented at the competency hearing was conflicting concerning the probability of his restoration (with Dr. Parker stating that he was not optimistic about restoration and Dr. Keglar stating that with a cognitive rehabilitation program, Leedy had a possibility of restored competency within one to two years); (3) beyond the fact that there is no specific language in the statute distinguishing between the various sources of incompetency, i.e., mental illness versus traumatic brain injury, the experts’ testimony that the restoration success rate is statistically higher in mental illness patients did not preclude restoration in the cases involving traumatic brain injury; (4) because the trial court stayed its commitment order pending this interlocutory appeal, DMHA has not had Leedy in its care and custody, and as such, has not even had the statutory ninety days during which to evaluate his chances of restoration; and (5) the evidence was inconclusive regarding the effect of any DMHA funding constraints upon Leedy’s receipt of therapeutic services necessary to restore his competency (at the competency hearing, Gregory briefly referenced DMHA funding constraints; however, both she and Dr. Meadows testified that it is the duty of DMHA and the assigned facility to ensure that all of Leedy’s clinical needs will be met). Tr. at 142, 157.
Simply put, Leedy’s due process arguments are based on speculation concerning both DMHA’s ability to provide him with the necessary therapeutic services and his own cognitive responses to those services. Essentially, he has asked us to reweigh evidence and make a conclusion that the legislature has specifically delegated to experts in the field of mental competency, a determination that is made after a period of providing services and evaluating the patient/accused. This is precisely why the General Assembly outlined such specific procedures, recognizing the delicate balance that exists between the fundamental fairness owed to the accused and the interests of both the public and the accused in the prompt disposition of criminal charges. Based on the foregoing, we conclude that the commitment statute is not unconstitutional as applied to Leedy and that the trial court did not violate Leedy’s due process rights in ordering his commitment to DMHA. Accordingly, we affirm.
Affirmed.
PYLE, J., concurs.
BARNES, J., concurs with separate opinion.
BARNES, Judge, concurring
I concur with the majority’s analysis. However, I write separately to emphasize and highlight what I believe are inadequacies that our State’s mental health system displays here. On the one hand, representatives from Logansport testified that that hospital was capable of providing the “restorative services” that Leedy requires, albeit it would likely require the use of third-party providers outside of the hospital itself. That is because Logansport is better-suited for treatment of mental illness, not traumatic brain injuries. On the other hand, the chief counsel for DMHA testified regarding the “constraints” her agency faces regarding outpatient restorative services. In other words, no or very limited money is available for these services.
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