“Note that there is NO TIME LIMIT contained within this section. Further, having a judge tell you that you have to attend counseling ... is very close to having a court finding you mentally ill and in this case, violent. If this does not directly cross the line, it is dangerously close.”
So, being forced to attend counseling is “dangerously close” to being declared mentally ill?? Give me a break!
Bottom line, the Sheriff might have done what he thought was right, but HE’S NOT FOLLOWING THE LAW.
Yes. You see, there is a difference and a SIGNIFICANT importance attached to when a Judge says - either be convicted of a crime or instead of being convicted, seek psychiatric counseling.
If we look at two extremes, voluntarily seeking counseling and the opposite of being forcibly institutionalized; then being forced to seek counseling instead of going to jail falls somewhere in between. After all, going to jail is a form of institutionalization. It falls into a grey area.
The law that the Sheriff followed, allows a safety valve in this situation. It allows the Sheriff, who might be of the opinion that the application should be denied for metal health issues, to deny the application. This then allows the applicant to go before a judge and have his case heard. It allows the Judge to settle the issue where both are able to present facts to support their case.