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In re Civil Commitment of Carroll12/6/2005
ather ineffectual way." Id. at 883. He had no history of similar behavior. Id.
In contrast, as the district court found, Carroll's records were "replete with documentation of violent outbursts and physical assaults, which he shows not the slightest interest or capability of managing," including the October 18, 2004, incident and the other incident already described. The district court found that the fact that Carroll "has not so far managed to inflict serious and permanent injuries upon any of his victims is a matter of luck and not for lack of intent." The findings as to the other assaults are supported by clear and convincing evidence.
Kottke is clearly distinguishable. Carroll's acts of violence against the hospital mental-health worker and the social worker, along with his history of violence, show that he committed overt acts causing or attempting to cause serious physical harm to another.
II.
Minn. Stat. § 253B.18, subd. 2(a) (2004), provides that "a written treatment report shall be filed by the treatment facility." Carroll argues that the report prepared by a SOFS psychologist did not meet this requirement because the psychologist was not a member of Carroll's treatment team. But after Carroll's arrival at the Minnesota Security Hospital, he was "under the control and custody of the head of the treatment facility." Minn. Stat. § 253B.10, subd. 1 (2004). "Head of the treatment facility" is defined as "the person who is charged with overall responsibility for the professional program of care and treatment of the facility or the person's designee." Minn. Stat. § 253B.02, subd. 8 (2004) (emphasis added). The SOFS psychologist was a designee; his preparation of Carroll's treatment report did not violate Minn. Stat. § 253B.18, subd. 2(a).
DECISION
The district court's decision committing Carroll for an indeterminate period as mentally ill and dangerous is affirmed. The district court properly considered a treatment report prepared by a designee of the head of the treatment facility.
Affirmed.
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