March 31, 2010 --The man accused of stalking celebrity couple Jennifer Garner and Ben Affleck is headed to a mental hospital. Los Angeles Superior Court Judge Katherine Mader ruled on Tuesday that Steven Richard Burky is not guilty by reason of insanity.

Burky will remain at Patton State Hospital in San Bernardino County until doctors say he is mentally fit. He must also stay away from Garner, Affleck and their two children for 10 years.

Garner obtained a restraining order against Burky in 2008. She told the court he had been stalking her since 2002. Burky was arrested in December at the First Presbyterian Nursery School in Santa Monica for violating that order.

The nursery school has received some attention lately because it has also been a popular target for paparazzi.

City Councilmember Richard Bloom last year asked the Police Department and nursery school to work to resolve the problem.

But the issue has not been solved, Bloom said. Earlier this month he placed an item on the council agenda requesting City staff draft an ordinance “restricting photographers and videographers from blocking or otherwise creating dangerous and/or intrusive conditions at preschool entrance and exit areas in order to protect the safety and privacy of children entering or exiting said facilities.”

The item was removed from the agenda shortly before the meeting on March 23.

Bloom said that was so the City could receive more input from the nursery school and others.