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 meaningfully participate in their own defense. Despite its importance, the processes for evaluating and restoring competency can be lengthy and complex, varying widely across jurisdictions.

To help defenders and advocates better understand this complex issue, NACDL has compiled an array of resources.

Map   Raw Data   Data Guide
Videos   Resources

MAPS AND TABLES: For those seeking to learn more about the ways in which competency evaluation and restoration practices vary from state to state, we offer an interactive map and dynamic data comparision tool. These enable users to utilize filters and comparative search features to explore similarities and differences in approaches states take to addressing competency evaluation and restoration. The tool also enables users to do a deep dive into individual states.We strongly encourage users to review our Map User Guide prior to using the map and comparison tools to help ensure you get the maximum benefit of these resources. 

View the interactive map

DATA: For those wishing to take a deeper dive into the data, we are making available a series of comprehensive data spreadsheets. These spreadsheets provide an even more expansive exploration of the various practices of competency evaluation and restoration. We also offer a Competence Informational Guide. The Guide provides an overview of how different jurisdictions regulate competency determinations as well as details on using and undertstanding the robust data set 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

This webinar series provides insight and recommendations on how to make improvements in competency to stand trial systems

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Resources

Key Resources

Additional Resources

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

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