State v. Williams, A-17-060

Brian M. Williams was acquitted by reason of insanity for traffic-related offenses after a stipulated-facts bench trial; the trial court found he suffered schizophrenia and was unable to distinguish right from wrong at the time of the offenses.
At the § 29-3701 probable-cause hearing, the court found probable cause that Williams was dangerous due to mental illness but, based on available evidence, allowed a 90-day outpatient evaluation at the Regional Center because he posed no current danger during the evaluation period.
Williams failed to attend outpatient evaluation; a bench warrant issued and he was detained for inpatient evaluation at the Regional Center.
Regional Center clinicians reported ongoing paranoid delusions, refusal to cooperate with treatment, poor medication compliance, history of aggression (toward mother and police), substance abuse, poor orientation, and a risk of relapse if outside structured care.
At the § 29-3702 commitment hearing the court found by clear and convincing evidence that Williams remained dangerous and that inpatient treatment at the Regional Center was the least restrictive appropriate option; Williams appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court erred by committing Williams to inpatient care rather than a less restrictive outpatient program	Williams: court previously found no danger during evaluation period, so commitment must be less restrictive outpatient	State: court may reconsider after evaluation; commitment decision depends on evaluation evidence and current dangerousness	Court: affirmed — commitment supported by clear and convincing evidence based on post-evaluation proof

State v. Schinzel, 271 Neb. 281, 710 N.W.2d 634 (standard of appellate review for commitment orders)
State v. Steele, 224 Neb. 476, 399 N.W.2d 267 (psychiatrist’s findings can satisfy clear-and-convincing standard for inpatient commitment)
State v. Hayden, 233 Neb. 211, 444 N.W.2d 317 (history of aggression, substance abuse, and need for close monitoring support inpatient commitment)