December 14, 2006
DPHHS Recommends Probation for State Hospital Patient
The Montana Department of Public Health and Human Services (DPHHS) on Friday will file a petition with the Third Judicial District Court in Deer Lodge to suspend the 60-year sentence of Douglas Alan Zander, who was convicted of deliberate homicide in Powell County on Aug. 24, 2000.
Zander pleaded no contest to fatally shooting David Solomon in July 1999 at a rest area near Gold Creek on Interstate 90. The court found that, at the time of the shooting, he was suffering from a mental illness that kept him from appreciating the criminality of his behavior or conforming his behavior to the law. For that reason, he was committed to the Montana State Hospital (MSH) rather than the State Prison.
A Forensic Review Board at MSH has concluded that Zander continues to suffer from the mental illness that resulted in his commitment, but that his symptoms are under good control. The board believes he has achieved maximum benefit from his stay at the State Hospital, and he does not represent a substantial risk of harm to self, others or property as long as he adheres to the conditions of his conditional release with continued mental health treatment in a community setting.
In its petition, the department will recommend that Zander be moved to a group home in Great Falls where he can continue his treatment under strict conditions. Those conditions include close supervision in a residential setting for at least five years.
“This has been a very difficult decision because of the nature of Mr. Zander’s crime,” said Joan Miles, DPHHS director. “But it’s clear to me that, for the past six years at the State Hospital, he has worked very hard to cooperate with his treatment team and learn to cope successfully with his illness. His really is a success story.
“Nonetheless, we recognize that he has committed a very serious crime,” she added, “so we are asking for a ‘zero-tolerance’ release. If he violates any of the conditions of his suspended sentence, he will be returned immediately to secure custody, either at the State Hospital or the State Prison.”
The department’s petition must be approved by District Court Judge Ted Mizner before Zander can be moved.
Under the terms of the department’s petition, Zander would move to a group home operated by the Center for Mental Health (CMH) in Great Falls for at least two years. Zander then would be eligible for an adult foster care placement under the continued supervision of CMH for at least three or four years. After successfully completing these steps, he would be allowed to live independently under the supervision of CMH.
If released, Zander would be on probation with the Department of Corrections Adult Probation and Parole Bureau for the rest of his 60-year sentence. He would have to meet all standard probation conditions, as well as:
- Comply with a psychiatric medication program;
- Meet with his treating psychiatrist or physician on a regular basis;
- Attend weekly meetings for two years with his CMH case manager;
- Attend monthly meetings with his therapist for the rest of his sentence;
- Maintain an appropriate daily schedule of work, school, or other activity;
- Abstain from using alcohol and mind-altering street drugs;
- Not possess any weapons;
- Have no contact with the victim’s family; and
- Not travel out of state.
“I think it’s important for people to understand that the State Hospital is not a prison,” Miles said. “It’s a treatment facility, and Doug Zander completed his treatment successfully. The hospital is no longer the appropriate place for him.”
Solomon’s family does not oppose the suspended sentence, according to Miles. All of the attorneys involved in the case support the petition.
State law (46-14-312 MCA) gives the director of DPHHS the authority to petition a court for a sentencing review if a person with a mental illness who is committed to the department is no longer a danger to themselves or others or if the person will no longer benefit from active inpatient treatment for the illness at the State Hospital.
The department recommends sentencing reviews for MSH patients convicted of felonies about 5-10 times a year, Miles said.
