===== DOC: MCRO_27-CR-20-26577_Correspondence_2023-01-20_20240430090609.pdf ===== --- meta case_number: 27-CR-20-26577 defendant: Rasheed Richardson filing_type: Correspondence filing_date: 2023-01-20 pages: 002 --- end meta ===== PAGE 001/002 ===== 27-CR-20-26577 Filed in District Court State of Minnesota 1/20/2023 4:53 PM STATE OF MINNESOTA DISTRICT COURT OF MINNESOTA FOURTH JUDICIAL DISTRICT DISTRICT COURT PROBATE/MENTAL HEALTH DIVISION 4TH FLOOR COURTS TOWER HENNEPIN COUNTY GOVERNMENT CENTER 300 SOUTH SIXTH STREET MINNEAPOLIS, MN 55487-0340 (612) 348-6000 January 20, 2023 Amanda Jung, LSW Competency Education Coordinator Anoka Metro Regional Treatment Center 3301 7th Avenue North Anoka, MN 55303 RE: Rasheed Richardson, Court File number 27-CR-20-26577 Dear Ms. Jung, The Court has received your notification that AMRTC plans to grant Mr. Richardson a provisional discharge and place him in a community setting in an unsecure facility (sober living facility). On November 8, 2022, Judge Lisa Janzen ordered Mr. Richardson to be conditionally released with bail set at $200,000 without conditions and with no bail subject to various conditions, including that Mr. Richardson have no contact with F.M., S.M., S.R., and C.B., that he stay away from the 5100 Block of Cedar Lane South in Minneapolis, that he be subject to Electronic Home Monitoring, that he reside at RS Eden and successfully complete intensive treatment and aftercare, that he completes an updated psychological evaluation prior to his next criminal court date, that he refrain from using alcohol or illegal drugs, and that he does not possess firearms or ammunition. See Conditional Release Order dated November 8, 2022, Court File No. 27-CR-20-26577, Docket No. 53. The Court requests that AMRTC address compliance with this Court’s Order for Continued Commit dated August 24, 2022, Court File No. 27-MH-PR-22-59, Docket No. 57 (“Continued Commitment Order”). The order requires notice to the “Criminal Division and parties at least 14 days prior to the Proposed change in status.” Moreover, any such proposed change requires the AMRTC to show "1) whether the ===== PAGE 002/002 ===== 27-CR-20-26577 Filed in District Court State of Minnesota 1/20/2023 4:53 PM Respondent is competent, 2) how the proposed plan will meet Respondent’s treatment needs, and 3) security risks and how they will be addressed.” Continued Commitment Order, 27-MH-PR-22-59, Docket No. 59. While the Court does not necessarily have safety concerns about Mr. Richardson’s proposed placement, it notes that AMRTC is only giving 4 days’ notice before the proposed placement goes into effect. Additionally, AMRTC is providing limited information regarding why the proposed placement is appropriate. In light of these concerns and the Continued Commitment Order, the Court requests additional information from AMRTC regarding: (1) whether they believe Mr. Richardson is now competent; (2) how this proposed placement meets Mr. Richardson’s treatment needs; and (3) what security measures will be in place to address the significant security and safety risks. In the event AMRTC cannot continue to house Mr. Richardson pending this request, note that the conditions set forth in the Conditional Release Order dated November 8, 2022 will apply to Mr. Richardson. By the Court, Dayton Klein, Julia 2023.01.20 16:36:27 -06'00' Julia Dayton Klein Assistant Presiding Judge of Probate Mental Health cc: Lea De Souza, Esq. – Prosecutor Elizabeth Rosholt Winden, Esq. - Defense ===== DOC: MCRO_27-CR-20-27550_Correspondence_2023-02-03_20240430090708.pdf ===== --- meta case_number: 27-CR-20-27550 defendant: RODRICK JEROME CARPENTER filing_type: Correspondence filing_date: 2023-02-03 pages: 002 --- end meta ===== PAGE 001/002 ===== 27-CR-20-27550 Filed in District Court State of Minnesota 2/3/2023 10:54 AM STATE OF MINNESOTA DISTRICT COURT OF MINNESOTA FOURTH JUDICIAL DISTRICT DISTRICT COURT PROBATE/MENTAL HEALTH DIVISION 4TH FLOOR COURTS TOWER HENNEPIN COUNTY GOVERNMENT CENTER 300 SOUTH SDCTH STREET MINNEAPOLIS, MN 55487-0340 (612) 348-6000 February 3, 2023 Amanda Jung, LSW Competency Education Coordinator Anoka Metro Regional Treatment Center 3301 7th Avenue North Anoka, MN 55303 RE: Rodrick Jerome Carpenter, II, Court File Numbers 27 -CR-22-15358, 27-CR-22- 14541, 27-CR-20-27550, 27-CR-20-12499 Dear Ms. Jung, The Court received notification that AMRTC plans to grant Mr. Carpenter a provisional discharge and place him in a less secure facility (IRTS facility). Most recently, on August 5, 2022, Chief Judge Toddrick Barnette ordered Mr. Carpenter to be conditionally released With bail set at $60,000 without conditions and $30,000 with various conditions. One of those conditions included cooperating with commitment in case 27 -MI-I-PR-22-969. See Conditional Release Order dated August 5, 2022, Court File No. 27-CR-22-15358, Index No. 6. The conditional release also orders Mr. Carpenter to stay away fi'om individuals with the initials W.A.V. and F.W.D., as well as from 8554 22nd Ave. S in Bloomington, Minnesota where such persons reside, and forbids Mr. Carpenter from possessing firearms, ammunition, or weapons. See id. The Court requests AMRTC address compliance with this Court's Order for Commitment as a Person Who Poses Risk of Harm due to Mental Illness (Rule 20) dated September 12, 2022, Court File No, 27-MH-PR-22-969, Index No. 19, which requires notice to the "Criminal Division and parties at least 14 days prior to the Proposed change in status." See id. Moreover, any such proposed change requires the AMRTC to show "1) whether the Respondent is competent, 2) how the proposed plan ===== PAGE 002/002 ===== 27-CR-20-27550 Filed in District Court State of Minnesota 2/3/2023 10:54 AM will meet Respondent's treatment needs, and 3) security risks and how they Will be addressed." Id. Given Mr. Carpenter's recent December 16, 2022, placement at AMRTC and the circumstances of his criminal cases, the Court has safety concerns about Mr. Carpenter's proposed placement. In light of these concerns, the Court requests additional information from AMRTC regarding: (1) Whether the Mr. Carpenter is competent, (2) how the proposed plan Will meet Mr. Carpenter's treatment needs, and (3) What security measures Will be in place to address the security and safety risks. In the event AMRTC cannot continue to house Mr. Carpenter, we are requesting that he be returned to the custody of the Hennepin County Public Safety Facility Where he is subject to the Conditional Release Order dated August 5, 2022. By the Court, Julia Daygon Klein Assistant Presiding Judge of Probate Mental Health Cc: Christopher Nippoldt, Esq. Assistant Hennepin County Attorney — Katherine Galler, Esq. Assistant Minneapolis City Attorney — James Horvath, Esq. Assistant Hennepin County Public Defender — Susan Herlofsky, Esq. Assistant Hennepin County Public Defender — Elizabeth Winden, Esq. Attorney for Rodrick Jerome Carpenter, II — ===== DOC: MCRO_27-CR-21-10675_Correspondence_2023-05-18_20240430082222.pdf ===== --- meta case_number: 27-CR-21-10675 defendant: Dennis Joseph Barry filing_type: Correspondence filing_date: 2023-05-18 pages: 003 --- end meta ===== PAGE 001/003 ===== 27-CR-21-10675 Filed in District Court State of Minnesota 5/18/2023 10:23 AM STATE OF MINNESOTA DISTRICT COURT OF MINNESOTA FOURTH JUDICIAL DISTRICT DISTRICT COURT PROBATE/MENTAL HEALTH DIVISION 4TH FLOOR COURTS TOWER HENNEPIN COUNTY GOVERNMENT CENTER 300 SOUTH SIXTH STREET MINNEAPOLIS, MN 55487-0340 (612) 348-6000 May 18, 2023 Amanda Jung Competency Education Coordinator Ankoa Metro Regional Treatment Center 3307 7th Avenue North Anoka, MN 55303 RE: Dennis Joseph Barry, Court File Numbers 27-CR-22-22521; 27-CR-22-3570; 27-CR-21-10675 ; 27-MH-PR-23-222 Dear Ms. Jung The Court received notification that AMRTC plans to grant Dennis Barry a provisional discharge and place him in an unspecified Intensive Residential Treatment Service program in the community. The notification did not specify whether this facility is a locked or unlocked facility. On November 9, 2022, Mr. Barry was charged with five counts of Second Degree Burglary of a Dwelling. On November 10, 2022, Judge Toddrick Barnette ordered Mr. Barry to be conditionally released with bail set at $65,000 without conditions and $20,000 with various conditions, including the following: • Obey all laws; • Attend all future Court appearances; • Stay away from the 1300 block of Utica Avenue South, St. Louis Park, MN and 4900 Cedar Lake Road, St. Louis Park, MN. See Conditional Release Order dated November 9, 2022, Court File No. 27- CR-22-22521. On February 24, 2022, Mr. Barry was charged with Felony-level Threats of Violence. And on June 7, 2021, Mr. Barry was charged with Felony-level Fifth Degree Drug Possession. On September 6, 2022, Judge Toddrick Barnette ordered Mr. Barry to be conditionally released in both cases with no bail and on the following conditions: ===== PAGE 002/003 ===== 27-CR-21-10675 Filed in District Court State of Minnesota 5/18/2023 10:23 AM • Obey all laws; • Attend all future Court appearances; • Do not possess firearms, ammunition, or other item used as a weapon; • Do not possess replica firearms. Do not live any place where firearms or replica firearms are present; and • Do not leave Minnesota without Court permission. See Conditional Release Order dated September 6, 2022, Court File Nos. 27-CR-22-3570; 27-CR-21-10675. On September 16, 2022, the Court issued an Order Revoking Mr. Barry’s condition of release and setting bail at $20,000, which is still in effect. See Court File Nos. 27-CR- 22-3570; 27-CR-21-10675. On March 13, 2023, this Court placed Mr. Barry under civil commitment, issuing an Order for Commitment as a Person Who Poses a Risk of Harm Due to Mental Illness (“Commitment Order”). See Court File No. 27-MH-PR-23-222 On May 3, 2023, Mr. Barry was transported from the Hennepin County Jail to AMRTC. 1 Two weeks later, on May 17, 2023, AMRTC notified the Court that it intended to transfer Mr. Barry to in an unspecified Intensive Residential Treatment Service program (“IRTS”) in the community. and that this action will go into effect on May 23, 2023. AMRTC’s notice did not specify what, if any, security measures would be in place at this IRTS facility. The Court requests AMRTC address compliance with this Court’s Order for Commitment as a Person Who Poses Risk of Harm due to Mental Illness dated DATE, Court File No.27-MH-PR-23-222, which requires notice to the “Criminal Division and parties at least 14 days prior to the Proposed change in status.” See Order for Commitment as a Person who Poses a Risk of Harm due to Mental Illness dated March 13, 2023, at 6, Court File No 27-MH-PR-23-222. Moreover, any such proposed change requires the AMRTC to show “1) whether the Respondent is competent, 2) how the proposed plan will meet Respondent’s treatment needs, and 3) security risks and how they will be addressed.” Id. Given Mr. Barry’s recent May 3, 2023, placement at AMRTC and the circumstances of his criminal cases, the Court has safety concerns about Mr. Barry’s proposed placement. In light of these concerns, the Court requests additional information from AMRTC regarding: (1) whether Mr. Barry is competent, (2) how the proposed plan 1 The Court notes that Minn. Stat. § 253B.10 requires the Commissioner of Human Services to prioritize patients being admitted from jail or a correctional institution and, in any event, requires patients under civil commitment for competency treatment and continuing supervision under Minnesota Rule of Criminal Procedure 20.01 to be admitted to a state-operated treatment program within 48 hours. Here, Me Barry waited in jail for over seven weeks for placement in a state-operated treatment program. ===== PAGE 003/003 ===== 27-CR-21-10675 Filed in District Court State of Minnesota 5/18/2023 10:23 AM will meet Mr. Barry’s treatment needs, and (3) what security measures will be in place to address the security and safety risks. In the event AMRTC cannot continue to house Mr. Barry, and if the IRTS facility AMRTC intends to place Mr. Barry is not a locked and secured facility, we are requesting that he be returned to the custody of the Hennepin County Public Safety Facility where he is subject to his Conditional Release Orders. By the Court, Dayton Klein, Julia 2023.05.18 10:01:22 -05'00' Julia Dayton Klein Assistant Presiding Judge of Probate Mental Health cc: Hon Julie Allyn, Judge of District Court Joseph McInnis, Assistant Hennepin County Public Defender Kaitlyn Anderson, Assistant Hennepin County Attorney Jacob Fischmann, Assistant Hennepin County Attorney Jennifer Inz, Assistant Hennepin County Attorney Michael Biglow, Esq. ===== DOC: MCRO_27-CR-22-14541_Correspondence_2023-02-03_20240429161634.pdf ===== --- meta case_number: 27-CR-22-14541 defendant: RODRICK JEROME CARPENTER, II filing_type: Correspondence filing_date: 2023-02-03 pages: 002 --- end meta ===== PAGE 001/002 ===== 27-CR-22-14541 Filed in District Court State of Minnesota 2/3/2023 10:53 AM STATE OF MINNESOTA DISTRICT COURT OF MINNESOTA FOURTH JUDICIAL DISTRICT DISTRICT COURT PROBATE/MENTAL HEALTH DIVISION 4TH FLOOR COURTS TOWER HENNEPIN COUNTY GOVERNMENT CENTER 300 SOUTH SDCTH STREET MINNEAPOLIS, MN 55487-0340 (612) 348-6000 February 3, 2023 Amanda Jung, LSW Competency Education Coordinator Anoka Metro Regional Treatment Center 3301 7th Avenue North Anoka, MN 55303 RE: Rodrick Jerome Carpenter, II, Court File Numbers 27 -CR-22-15358, 27-CR-22- 14541, 27-CR-20-27550, 27-CR-20-12499 Dear Ms. Jung, The Court received notification that AMRTC plans to grant Mr. Carpenter a provisional discharge and place him in a less secure facility (IRTS facility). Most recently, on August 5, 2022, Chief Judge Toddrick Barnette ordered Mr. Carpenter to be conditionally released With bail set at $60,000 without conditions and $30,000 with various conditions. One of those conditions included cooperating with commitment in case 27 -MI-I-PR-22-969. See Conditional Release Order dated August 5, 2022, Court File No. 27-CR-22-15358, Index No. 6. The conditional release also orders Mr. Carpenter to stay away fi'om individuals with the initials W.A.V. and F.W.D., as well as from 8554 22nd Ave. S in Bloomington, Minnesota where such persons reside, and forbids Mr. Carpenter from possessing firearms, ammunition, or weapons. See id. The Court requests AMRTC address compliance with this Court's Order for Commitment as a Person Who Poses Risk of Harm due to Mental Illness (Rule 20) dated September 12, 2022, Court File No, 27-MH-PR-22-969, Index No. 19, which requires notice to the "Criminal Division and parties at least 14 days prior to the Proposed change in status." See id. Moreover, any such proposed change requires the AMRTC to show "1) whether the Respondent is competent, 2) how the proposed plan ===== PAGE 002/002 ===== 27-CR-22-14541 Filed in District Court State of Minnesota 2/3/2023 10:53 AM will meet Respondent's treatment needs, and 3) security risks and how they Will be addressed." Id. Given Mr. Carpenter's recent December 16, 2022, placement at AMRTC and the circumstances of his criminal cases, the Court has safety concerns about Mr. Carpenter's proposed placement. In light of these concerns, the Court requests additional information from AMRTC regarding: (1) Whether the Mr. Carpenter is competent, (2) how the proposed plan Will meet Mr. Carpenter's treatment needs, and (3) What security measures Will be in place to address the security and safety risks. In the event AMRTC cannot continue to house Mr. Carpenter, we are requesting that he be returned to the custody of the Hennepin County Public Safety Facility Where he is subject to the Conditional Release Order dated August 5, 2022. By the Court, Julia Daygon Klein Assistant Presiding Judge of Probate Mental Health Cc: Christopher Nippoldt, Esq. Assistant Hennepin County Attorney — Katherine Galler, Esq. Assistant Minneapolis City Attorney — James Horvath, Esq. Assistant Hennepin County Public Defender — Susan Herlofsky, Esq. Assistant Hennepin County Public Defender — Elizabeth Winden, Esq. Attorney for Rodrick Jerome Carpenter, II — ===== DOC: MCRO_27-CR-22-15358_Correspondence_2023-02-03_20240429161728.pdf ===== --- meta case_number: 27-CR-22-15358 defendant: RODRICK JEROME CARPENTER, II filing_type: Correspondence filing_date: 2023-02-03 pages: 002 --- end meta ===== PAGE 001/002 ===== 27-CR-22-15358 Filed in District Court State of Minnesota 2/3/2023 10:51 AM STATE OF MINNESOTA DISTRICT COURT OF MINNESOTA FOURTH JUDICIAL DISTRICT DISTRICT COURT PROBATE/MENTAL HEALTH DIVISION 4TH FLOOR COURTS TOWER HENNEPIN COUNTY GOVERNMENT CENTER 300 SOUTH SDCTH STREET MINNEAPOLIS, MN 55487-0340 (612) 348-6000 February 3, 2023 Amanda Jung, LSW Competency Education Coordinator Anoka Metro Regional Treatment Center 3301 7th Avenue North Anoka, MN 55303 RE: Rodrick Jerome Carpenter, II, Court File Numbers 27 -CR-22-15358, 27-CR-22- 14541, 27-CR-20-27550, 27-CR-20-12499 Dear Ms. Jung, The Court received notification that AMRTC plans to grant Mr. Carpenter a provisional discharge and place him in a less secure facility (IRTS facility). Most recently, on August 5, 2022, Chief Judge Toddrick Barnette ordered Mr. Carpenter to be conditionally released With bail set at $60,000 without conditions and $30,000 with various conditions. One of those conditions included cooperating with commitment in case 27 -MI-I-PR-22-969. See Conditional Release Order dated August 5, 2022, Court File No. 27-CR-22-15358, Index No. 6. The conditional release also orders Mr. Carpenter to stay away fi'om individuals with the initials W.A.V. and F.W.D., as well as from 8554 22nd Ave. S in Bloomington, Minnesota where such persons reside, and forbids Mr. Carpenter from possessing firearms, ammunition, or weapons. See id. The Court requests AMRTC address compliance with this Court's Order for Commitment as a Person Who Poses Risk of Harm due to Mental Illness (Rule 20) dated September 12, 2022, Court File No, 27-MH-PR-22-969, Index No. 19, which requires notice to the "Criminal Division and parties at least 14 days prior to the Proposed change in status." See id. Moreover, any such proposed change requires the AMRTC to show "1) whether the Respondent is competent, 2) how the proposed plan ===== PAGE 002/002 ===== 27-CR-22-15358 Filed in District Court State of Minnesota 2/3/2023 10:51 AM will meet Respondent's treatment needs, and 3) security risks and how they Will be addressed." Id. Given Mr. Carpenter's recent December 16, 2022, placement at AMRTC and the circumstances of his criminal cases, the Court has safety concerns about Mr. Carpenter's proposed placement. In light of these concerns, the Court requests additional information from AMRTC regarding: (1) Whether the Mr. Carpenter is competent, (2) how the proposed plan Will meet Mr. Carpenter's treatment needs, and (3) What security measures Will be in place to address the security and safety risks. In the event AMRTC cannot continue to house Mr. Carpenter, we are requesting that he be returned to the custody of the Hennepin County Public Safety Facility Where he is subject to the Conditional Release Order dated August 5, 2022. By the Court, Julia Daygon Klein Assistant Presiding Judge of Probate Mental Health Cc: Christopher Nippoldt, Esq. Assistant Hennepin County Attorney — Katherine Galler, Esq. Assistant Minneapolis City Attorney — James Horvath, Esq. Assistant Hennepin County Public Defender — Susan Herlofsky, Esq. Assistant Hennepin County Public Defender — Elizabeth Winden, Esq. Attorney for Rodrick Jerome Carpenter, II — ===== DOC: MCRO_27-CR-22-18209_Correspondence_2023-05-18_20240429162058.pdf ===== --- meta case_number: 27-CR-22-18209 defendant: JULIET KAY HIGGINS filing_type: Correspondence filing_date: 2023-05-18 pages: 002 --- end meta ===== PAGE 001/002 ===== 27-CR-22-18209 Filed in District Court State of Minnesota 5/18/2023 9:13 AM STATE OF MINNESOTA DISTRICT COURT OF MINNESOTA FOURTH JUDICIAL DISTRICT DISTRICT COURT PROBATE/MENTAL HEALTH DIVISION 4TH FLOOR COURTS TOWER HENNEPIN COUNTY GOVERNMENT CENTER 300 SOUTH SIXTH STREET MINNEAPOLIS, MN 55487-0340 (612) 348-6000 May 18, 2023 Amanda Jung Competency Education Coordinator Anoka Metro Regional Treatment Center 3301 7th Avenue North Anoka, MN 55303 RE: Juliet Kay Higgins, Court File Numbers 27-CR-22-18209; 27-MH-PR-23-117 Dear Ms. Jung, The Court received notification that AMRTC plans to grant Juliet Higgins a provisional discharge and place her in an unspecified assisted living customized living facility. On September 13, 2022, Ms. Higgins was charged with Domestic Assault by Strangulation. On February 21, 2023, Referee Mercurio ordered Ms. Higgins to be conditionally released with no bail and with the following conditions: • Obey all laws; • Attend all future Court appearances; • No contact with the alleged victim, JA and stay away from a three-block radius of where J.A. lives, works, or goes to school; • Comply with all Court Orders in Court File No. 27-MH-PR-23-117; • Do not possess any firearm, ammunition, or other item used as a weapon; and • Stay away from 5841 73rd Avenue N, Brooklyn Park, MN On February 21, 2023, this Court placed Ms. Higgins under civil commitment, issuing an Order for Commitment as a Person Who Poses a Risk of Harm Due to Mental Illness (“Commitment Order”). See Court File No. 27-MH-PR-23-117. On April 27, 2023, Ms. Higgins was transported from the Hennepin County Jail to ===== PAGE 002/002 ===== 27-CR-22-18209 Filed in District Court State of Minnesota 5/18/2023 9:13 AM AMRTC. 1 On May 15, 2023, AMRTC notified the Court that it intended to transfer Ms. Higgins to an unspecified assisted living/customized living facility and that this action will go into effect on May 22, 2023. The Court requests AMRTC address compliance with this Court’s Order for Commitment as a Person Who Poses Risk of Harm due to Mental Illness dated February 21, 2023, Court File No. 27-MH-PR-23-117, which requires notice to the “Criminal Division and parties at least 14 days prior to the Proposed change in status.” See Amended Order for Commitment as a Person who Poses a Risk of Harm Due to a Mental Illness dated February 21, 2023 at 5, Court File No Court File No. 27-MH-PR-23-117. Moreover, any such proposed change requires the AMRTC to show “1) whether the Respondent is competent, 2) how the proposed plan will meet Respondent’s treatment needs, and 3) security risks and how they will be addressed.” Id. In the event AMRTC cannot continue to house Ms. Higgins, we note that the conditions of release stated above still apply. By the Court, Dayton Klein, Julia 2023.05.18 08:54:31 -05'00' Julia Dayton Klein Assistant Presiding Judge of Probate Mental Health cc: Hon. Juan Hoyos, Judge of District Court Dominik Haik, Assistant Hennepin County Attorney Raissa Carpenter, Assistant Hennepin County Public Defender Brittany Lawonn, Assistant Hennepin County Attorney Terry Hegna, Esq. 1 The Court notes that Minn. Stat. § 253B.10 requires the Commissioner of Human Services to prioritize patients being admitted from jail or a correctional institution and, in any event, requires patients under civil commitment for competency treatment and continuing supervision under Minnesota Rule of Criminal Procedure 20.01 to be admitted to a state-operated treatment program within 48 hours. Here, Ms. Higgins waited in jail for over two months for placement in a state-operated treatment program. ===== DOC: MCRO_27-CR-22-22521_Correspondence_2023-05-18_20240429163110.pdf ===== --- meta case_number: 27-CR-22-22521 defendant: Dennis Joseph Barry filing_type: Correspondence filing_date: 2023-05-18 pages: 003 --- end meta ===== PAGE 001/003 ===== 27-CR-22-22521 Filed in District Court State of Minnesota 5/18/2023 10:20 AM STATE OF MINNESOTA DISTRICT COURT OF MINNESOTA FOURTH JUDICIAL DISTRICT DISTRICT COURT PROBATE/MENTAL HEALTH DIVISION 4TH FLOOR COURTS TOWER HENNEPIN COUNTY GOVERNMENT CENTER 300 SOUTH SIXTH STREET MINNEAPOLIS, MN 55487-0340 (612) 348-6000 May 18, 2023 Amanda Jung Competency Education Coordinator Ankoa Metro Regional Treatment Center 3307 7th Avenue North Anoka, MN 55303 RE: Dennis Joseph Barry, Court File Numbers 27-CR-22-22521; 27-CR-22-3570; 27-CR-21-10675 ; 27-MH-PR-23-222 Dear Ms. Jung The Court received notification that AMRTC plans to grant Dennis Barry a provisional discharge and place him in an unspecified Intensive Residential Treatment Service program in the community. The notification did not specify whether this facility is a locked or unlocked facility. On November 9, 2022, Mr. Barry was charged with five counts of Second Degree Burglary of a Dwelling. On November 10, 2022, Judge Toddrick Barnette ordered Mr. Barry to be conditionally released with bail set at $65,000 without conditions and $20,000 with various conditions, including the following: • Obey all laws; • Attend all future Court appearances; • Stay away from the 1300 block of Utica Avenue South, St. Louis Park, MN and 4900 Cedar Lake Road, St. Louis Park, MN. See Conditional Release Order dated November 9, 2022, Court File No. 27- CR-22-22521. On February 24, 2022, Mr. Barry was charged with Felony-level Threats of Violence. And on June 7, 2021, Mr. Barry was charged with Felony-level Fifth Degree Drug Possession. On September 6, 2022, Judge Toddrick Barnette ordered Mr. Barry to be conditionally released in both cases with no bail and on the following conditions: ===== PAGE 002/003 ===== 27-CR-22-22521 Filed in District Court State of Minnesota 5/18/2023 10:20 AM • Obey all laws; • Attend all future Court appearances; • Do not possess firearms, ammunition, or other item used as a weapon; • Do not possess replica firearms. Do not live any place where firearms or replica firearms are present; and • Do not leave Minnesota without Court permission. See Conditional Release Order dated September 6, 2022, Court File Nos. 27-CR-22-3570; 27-CR-21-10675. On September 16, 2022, the Court issued an Order Revoking Mr. Barry’s condition of release and setting bail at $20,000, which is still in effect. See Court File Nos. 27-CR- 22-3570; 27-CR-21-10675. On March 13, 2023, this Court placed Mr. Barry under civil commitment, issuing an Order for Commitment as a Person Who Poses a Risk of Harm Due to Mental Illness (“Commitment Order”). See Court File No. 27-MH-PR-23-222 On May 3, 2023, Mr. Barry was transported from the Hennepin County Jail to AMRTC. 1 Two weeks later, on May 17, 2023, AMRTC notified the Court that it intended to transfer Mr. Barry to in an unspecified Intensive Residential Treatment Service program (“IRTS”) in the community. and that this action will go into effect on May 23, 2023. AMRTC’s notice did not specify what, if any, security measures would be in place at this IRTS facility. The Court requests AMRTC address compliance with this Court’s Order for Commitment as a Person Who Poses Risk of Harm due to Mental Illness dated DATE, Court File No.27-MH-PR-23-222, which requires notice to the “Criminal Division and parties at least 14 days prior to the Proposed change in status.” See Order for Commitment as a Person who Poses a Risk of Harm due to Mental Illness dated March 13, 2023, at 6, Court File No 27-MH-PR-23-222. Moreover, any such proposed change requires the AMRTC to show “1) whether the Respondent is competent, 2) how the proposed plan will meet Respondent’s treatment needs, and 3) security risks and how they will be addressed.” Id. Given Mr. Barry’s recent May 3, 2023, placement at AMRTC and the circumstances of his criminal cases, the Court has safety concerns about Mr. Barry’s proposed placement. In light of these concerns, the Court requests additional information from AMRTC regarding: (1) whether Mr. Barry is competent, (2) how the proposed plan 1 The Court notes that Minn. Stat. § 253B.10 requires the Commissioner of Human Services to prioritize patients being admitted from jail or a correctional institution and, in any event, requires patients under civil commitment for competency treatment and continuing supervision under Minnesota Rule of Criminal Procedure 20.01 to be admitted to a state-operated treatment program within 48 hours. Here, Me Barry waited in jail for over seven weeks for placement in a state-operated treatment program. ===== PAGE 003/003 ===== 27-CR-22-22521 Filed in District Court State of Minnesota 5/18/2023 10:20 AM will meet Mr. Barry’s treatment needs, and (3) what security measures will be in place to address the security and safety risks. In the event AMRTC cannot continue to house Mr. Barry, and if the IRTS facility AMRTC intends to place Mr. Barry is not a locked and secured facility, we are requesting that he be returned to the custody of the Hennepin County Public Safety Facility where he is subject to his Conditional Release Orders. By the Court, Dayton Klein, Julia 2023.05.18 10:01:22 -05'00' Julia Dayton Klein Assistant Presiding Judge of Probate Mental Health cc: Hon Julie Allyn, Judge of District Court Joseph McInnis, Assistant Hennepin County Public Defender Kaitlyn Anderson, Assistant Hennepin County Attorney Jacob Fischmann, Assistant Hennepin County Attorney Jennifer Inz, Assistant Hennepin County Attorney Michael Biglow, Esq. ===== DOC: MCRO_27-CR-22-3570_Correspondence_2023-05-18_20240429034615.pdf ===== --- meta case_number: 27-CR-22-3570 defendant: Dennis Joseph Barry filing_type: Correspondence filing_date: 2023-05-18 pages: 003 --- end meta ===== PAGE 001/003 ===== 27-CR-22-3570 Filed in District Court State of Minnesota 5/18/2023 10:22 AM STATE OF MINNESOTA DISTRICT COURT OF MINNESOTA FOURTH JUDICIAL DISTRICT DISTRICT COURT PROBATE/MENTAL HEALTH DIVISION 4TH FLOOR COURTS TOWER HENNEPIN COUNTY GOVERNMENT CENTER 300 SOUTH SIXTH STREET MINNEAPOLIS, MN 55487-0340 (612) 348-6000 May 18, 2023 Amanda Jung Competency Education Coordinator Ankoa Metro Regional Treatment Center 3307 7th Avenue North Anoka, MN 55303 RE: Dennis Joseph Barry, Court File Numbers 27-CR-22-22521; 27-CR-22-3570; 27-CR-21-10675 ; 27-MH-PR-23-222 Dear Ms. Jung The Court received notification that AMRTC plans to grant Dennis Barry a provisional discharge and place him in an unspecified Intensive Residential Treatment Service program in the community. The notification did not specify whether this facility is a locked or unlocked facility. On November 9, 2022, Mr. Barry was charged with five counts of Second Degree Burglary of a Dwelling. On November 10, 2022, Judge Toddrick Barnette ordered Mr. Barry to be conditionally released with bail set at $65,000 without conditions and $20,000 with various conditions, including the following: • Obey all laws; • Attend all future Court appearances; • Stay away from the 1300 block of Utica Avenue South, St. Louis Park, MN and 4900 Cedar Lake Road, St. Louis Park, MN. See Conditional Release Order dated November 9, 2022, Court File No. 27- CR-22-22521. On February 24, 2022, Mr. Barry was charged with Felony-level Threats of Violence. And on June 7, 2021, Mr. Barry was charged with Felony-level Fifth Degree Drug Possession. On September 6, 2022, Judge Toddrick Barnette ordered Mr. Barry to be conditionally released in both cases with no bail and on the following conditions: ===== PAGE 002/003 ===== 27-CR-22-3570 Filed in District Court State of Minnesota 5/18/2023 10:22 AM • Obey all laws; • Attend all future Court appearances; • Do not possess firearms, ammunition, or other item used as a weapon; • Do not possess replica firearms. Do not live any place where firearms or replica firearms are present; and • Do not leave Minnesota without Court permission. See Conditional Release Order dated September 6, 2022, Court File Nos. 27-CR-22-3570; 27-CR-21-10675. On September 16, 2022, the Court issued an Order Revoking Mr. Barry’s condition of release and setting bail at $20,000, which is still in effect. See Court File Nos. 27-CR- 22-3570; 27-CR-21-10675. On March 13, 2023, this Court placed Mr. Barry under civil commitment, issuing an Order for Commitment as a Person Who Poses a Risk of Harm Due to Mental Illness (“Commitment Order”). See Court File No. 27-MH-PR-23-222 On May 3, 2023, Mr. Barry was transported from the Hennepin County Jail to AMRTC. 1 Two weeks later, on May 17, 2023, AMRTC notified the Court that it intended to transfer Mr. Barry to in an unspecified Intensive Residential Treatment Service program (“IRTS”) in the community. and that this action will go into effect on May 23, 2023. AMRTC’s notice did not specify what, if any, security measures would be in place at this IRTS facility. The Court requests AMRTC address compliance with this Court’s Order for Commitment as a Person Who Poses Risk of Harm due to Mental Illness dated DATE, Court File No.27-MH-PR-23-222, which requires notice to the “Criminal Division and parties at least 14 days prior to the Proposed change in status.” See Order for Commitment as a Person who Poses a Risk of Harm due to Mental Illness dated March 13, 2023, at 6, Court File No 27-MH-PR-23-222. Moreover, any such proposed change requires the AMRTC to show “1) whether the Respondent is competent, 2) how the proposed plan will meet Respondent’s treatment needs, and 3) security risks and how they will be addressed.” Id. Given Mr. Barry’s recent May 3, 2023, placement at AMRTC and the circumstances of his criminal cases, the Court has safety concerns about Mr. Barry’s proposed placement. In light of these concerns, the Court requests additional information from AMRTC regarding: (1) whether Mr. Barry is competent, (2) how the proposed plan 1 The Court notes that Minn. Stat. § 253B.10 requires the Commissioner of Human Services to prioritize patients being admitted from jail or a correctional institution and, in any event, requires patients under civil commitment for competency treatment and continuing supervision under Minnesota Rule of Criminal Procedure 20.01 to be admitted to a state-operated treatment program within 48 hours. Here, Me Barry waited in jail for over seven weeks for placement in a state-operated treatment program. ===== PAGE 003/003 ===== 27-CR-22-3570 Filed in District Court State of Minnesota 5/18/2023 10:22 AM will meet Mr. Barry’s treatment needs, and (3) what security measures will be in place to address the security and safety risks. In the event AMRTC cannot continue to house Mr. Barry, and if the IRTS facility AMRTC intends to place Mr. Barry is not a locked and secured facility, we are requesting that he be returned to the custody of the Hennepin County Public Safety Facility where he is subject to his Conditional Release Orders. By the Court, Dayton Klein, Julia 2023.05.18 10:01:22 -05'00' Julia Dayton Klein Assistant Presiding Judge of Probate Mental Health cc: Hon Julie Allyn, Judge of District Court Joseph McInnis, Assistant Hennepin County Public Defender Kaitlyn Anderson, Assistant Hennepin County Attorney Jacob Fischmann, Assistant Hennepin County Attorney Jennifer Inz, Assistant Hennepin County Attorney Michael Biglow, Esq.