Competency in Criminal Cases

Competency to stand trial is a fundamental safeguard in the criminal legal system, ensuring that individuals can understand the proceedings against them and participate in their own defense. Yet, the processes for evaluating and restoring competency vary widely across jurisdictions.

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.

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

Key Resources

Additional Resources

Addressing Client Competency
Working with Clients with Mental Illness
Working with Experts
Forced Medication
Miscellaneous

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