Competency Data

These spreadsheets compiles data on statutes and court rules across fifty states, Washington, D.C., and the federal government, which will be helpful to researchers, practitioners, and reformers looking at the similarities and differences between approaches in competency evaluation and restoration across jurisdictions. The data is limited to the rules written in each jurisdiction’s statutory code or court rules. Jurisdictions may have procedures on the ground in addition to the rules laid out here. The Competency Data Summary Narrative explains each category in further detail.

Documents

Note: This data is current as of January 1, 2026. Always be sure to check the relevant statutes and rules for the most current updates.

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.

Competence Informational Guide: For an overview of the materials, review the 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): The 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.

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