We have two data resources and an informational guide to help you explore the national landscape regarding competency evaluation and restoration processes. Additional resources on this topic are listed below.
All data spreadsheets Informational guide Additional resources
Competence Informational Guide: For an overview of the materials, review this short informational guide. The Guide provides an overview of how different jurisdictions regulate competency determinations as well as details on using and undertstanding the data compiled in the spreadsheets.
Competency Data Summary (Combined): This combined spreadsheet provides a state-by-state overview of the various processes relating to competency evaluation and restoration. The combined table has two tabs, one focused on evaluation procedures and one on restoration procedures. Each tab is also available as an individual data chart.
- Evaluation Procedures Data Tab: provides an understanding of each jurisdiction’s evaluation processes, including whether the state uses inpatient or outpatient evaluations, time limits on completing assessments, and what factors an evaluator is to address in their report.
- Restoration Procedures Data Tab: focuses on the restoration process, addressing distinctions between misdemeanor and felony charges, how long restoration efforts may continue, and whether inpatient services is the state’s default process.
Competency Statutes and Rules (Combined): This combined spreadsheet compiles the relevant competency related statutes and court rules from all fifty states, the District of Columbia, and the federal system. The spreadsheet includes quotations to the relevant subsections and language for an array of specific factors. This resource has three tabs, each of which is also available as an individual data table.
- General Competence Factors Statutes and Rules Tab: provides citation and relevant language defining competence in each jurisdiction as well as information about any case proceedings that may be conducted without the defendant's participation.
- Evaluation Statutes and Rules Tab: provides citations and relevant language for various aspects of the competency evaluation process.
- Restoration Statutes and Rules Tab: provides citations and relevant language for various aspects of the competency restoration process.
Training Series Key Resources Additional Resources
Training Series
This three-part webinar series provides insight and recommendations on how to make improvements in competency to stand trial systems
- Part I: Competency and Restoration Reimagined from Practice to Possibility: Level Setting (9/2025)
- Part II: Competency and Restoration Reimagined from Practice to Possibility: Competency Process Improvements (10/2025)
- Stay tuned for registration details for the next session!
Key Resources
- Just and Well: Rethinking How States Approach Competency to Stand Trial, NCSC (October 2020)
- State Courts Leading Change: Report and Recommendations, NCSC (October 2022)
- National Judicial Task Force to Examine State Courts’ Response to Mental Illness Publications and Resources, NCSC
- Criminal Competencies: Navigating Issues of Competency in a Criminal Case Part I and Part II, NACDL (May 2015)
Additional Resources
Addressing Client Competency
- Lawyering Competence to Stand Trial with an Eye on Neuroscience by John T. Philipsborn, The Champion (November 2019)
- The Value of a Guardian Ad Litem in a Sell Proceeding by Fredrick E. Vars, The Champion (March 2019)
- Competent on Competence - Understanding the Duties and Approaches to Effectively Address a Client’s Incompetence to Stand Trial by John T. Philipsborn, The Champion (December 2017)
- Witness for the Prosecution? - A Primer on Understanding the Limits on the Government’s Gathering of Rebuttal Evidence When Mental Condition Is at Issue by Wendy R. Calaway, The Champion (November 2016)
- Selected Competence-Related Rulings: Useful Lessons in Approaches To the Analysis of Competence to Stand Trial by John T. Philipsborn, The Champion (March 2015)
- Locating Authoritative Sources on Competence and Mental State at Time Of Crime Assessments by John T. Philipsborn, The Champion (October 2011)
- The Federal Criminal Competency System by Richard D. Willstatter, The Champion (June 2006)
- Updating Approaches To Client Competence: Understanding The Pertinent Law and Standards of Practice by John T. Philipsborn, The Champion (January/February 2005)
Working with Clients with Mental Illness
- An Overview of the Ethical Issues Created by Problem-Solving Courts And the Mentally Ill Client by Steven N. Yermish, The Champion (November 2009)
- How to Deal With Difficult Clients From a Mental Health Perspective by John Matthew Fabian, The Champion (June 2007)
Working with Experts
- Practice Standards and Guidelines That Apply to Cross-Cultural Forensic Mental Health Assessments by John T. Philipsborn, M.Ed., JD, MAS, The Champion (January/February 2024)
- Choosing a Competent Forensic Mental Health Expert: A Guide for Legal Practitioners by Jennifer Cox, Ph.D., David DeMatteo, J.D., Ph.D., and Stephanie C. Doran, M.A., The Champion (March 2021)
- Dealing With Experts on Competence to Stand Trial: Suggestions and Approaches Part Two by John T. Philipsborn, The Champion (March 2008)
- Dealing With Experts on Competence to Stand Trial: Suggestions and Approaches - Part One by John T. Philipsborn, The Champion (January/February 2008)
Forced Medication
- Forced Medication After United States v. Sell: Fighting a Client's 'War on Drugs' by Donna Lee Elm, Douglas Passon, The Champion (May/June 2008)
- Psychoactive medication and your client: Better living and (maybe) better law through chemistry by David M. Siegel, The Champion (December 2003)
- Delusional justice by Chris Adams, The Champion (May 2003)
- Sell v. United States 539 US 166 (2003)
Miscellaneous
- NACDL products on competency
- Wisconsin v. Fitzgerald Sup. Ct. Wisc. (2018-AP-1296-CR) Brief of Amici Curiae the National Association of Criminal Defense Lawyers, Bazelon Center for Mental Health Law, National Disability Rights Network, and Disability Rights Wisconsin (filed March 4, 2019)
- Engage & Exchange: Waiving Miranda & False Confessions with Dr. Bruce Frumkin, forensic psychologist, and host Mark Satawa (June 17, 2020)
- Psychological evaluations and the competency to waive Miranda rights by I. Bruce Frumkin, Alfredo Garcia, The Champion (November 2003)