United States District Court, D. Utah
MEMORANDUM DECISION AND ORDER RE: COMMITMENT AND
Nuffer United States District Judge.
January 25, 2019, an order (the “Commitment
Order”) was entered committing Defendant Dennis
Ruiz to the custody of the Bureau of Prisons
(“BOP”) for placement in a specified facility
under 18 U.S.C. § 4243 and the performance of a
psychiatric or psychological examination under 18 U.S.C.
§ 4247. The Commitment Order requires a report of the
examination to be filed by February 25, 2019, in preparation
for a hearing on March 5, 2019, regarding Ruiz's mental
United States of America now requests that the Commitment
Order be amended. Specifically, the United States asks (1)
that the BOP be allowed to designate where Ruiz is held, and
(2) that the deadline for completion of Ruiz's evaluation
and report be “suspended.” For the following
reasons, the United States' request will be granted in
part and denied in part.
has discretion to designate where Ruiz is held.
general matter, the BOP has complete discretion to determine
where to confine an inmate. “The language of 18 U.S.C.
§ 4247 reflects a grant of this same level of discretion
to the [BOP].” Because the BOP “makes the ultimate
decision where the examination under 18 U.S.C. § 4247(b)
takes place, ” the United States' request that the
BOP be allowed to designate where Ruiz is held will be
deadline to complete Ruiz's examination should be
not appropriate to “suspend the deadlines for the
completion of and a hearing on [Ruiz's] evaluation,
” as the United States requests,  because a hearing
conducted under § 4247(d) must “take place not
later than forty days following the special
verdict.” This deadline may, however, be extended
“when it is reasonable to delay.”
specific facility in which the Commitment Order required Ruiz
to be placed does not conduct the type of examination
required. Because of this, Ruiz's “has not
yet been evaluated.” Based on these facts, which
“justify delay beyond the 40 days,
” it is reasonable and proper to extend
the deadline for Ruiz's evaluation and the date of his
corresponding hearing under the Commitment Order.
IT IS HEREBY ORDERED that the United States'
motion is GRANTED in part and DENIED in part as
1. Notwithstanding anything in the Commitment
Order to the contrary, the BOP has discretion
to designate where Ruiz is placed under the Commitment Order.
2. The examination required in the Commitment Order13 to be
performed by Dr. Alicia Gilbert may, at the United
States' option, be conducted instead by another competent
professional with substantially similar qualifications and
expertise. The deadline to complete this examination and
report is extended to Monday, April 29, 2019.
3. The hearing referred to in the Commitment Order13
regarding Ruiz's mental condition shall be held at 9:00
a.m. on Tuesday, May 7, 2019, in courtroom 2B, 206 ...