Key Information

Relevant Statutes and Rules

D.C. Code § 24-531.01 et seq.

What proceedings can occur while the defendant is incompetent

"The prosecutor or defense attorney may file any motion in the underlying criminal case, transfer proceeding, or probation revocation at any time while the defendant is incompetent. The court shall hear and decide any issue presented by the motion if the defendant's presence is not constitutionally required or, as determined by the court, essential for a fair hearing." D.C. Code § 24-531.02(c)

Number of examiners required

1

§ 24-531.03(d)(1)

Qualifications of examiners

"[P]sychiatrist of psychologist affiliated with the Department of Mental Health." § 24-531.03(d)(1)

What must the evaluation report contain

"If the defendant is reported incompetent, the report shall include an opinion regarding the likelihood of the defendant's attaining competence in the foreseeable future or should state that no opinion has been formed on the likelihood of the defendant attaining competence." § 24-531.03(2)(B)

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

"[L]east restrictive setting consistent with the goal of restoring competence." § 24-531.05(a)(1)

"The court may order inpatient treatment if it finds that:
(A) Placement in an inpatient treatment facility setting is necessary in order to provide appropriate treatment; or
(B) The defendant is unlikely to comply with an order for outpatient treatment." § 24-531.05(a)(2)"

What is the test for restorability

"[U]nlikely to attain competence in the foreseeable future." § 24-531.04(c)(4)

What is the procedure after restoration

The Court shall hold a prompt hearing and make a new finding as to the defendant's competence when (a) any relevant time period lapses, or (2) treatment provider reports to the court reasonable grounds exist to believe defendant has attained competence. § 24-531.06(a).

What is the procedure if there is a finding of unrestorability

Court shall either order release of defendant or further treatment for up to 30 days pending filing of a petition for civil commitment.§§ 24-531.04(c)(4), 24-531.06(c)(4).

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

Court shall either release the defendant or, where appropriate, enter an order for extended treatment for up to 30 days pending filing of a petition for civil commitment. §§ 24-531.05(d)(2), 24-531.06(c)(4).

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

"A defendant who is otherwise entitled to pretrial release shall not be involuntarily confined or taken into custody solely because the issue of the defendant's competence has been raised and an examination or treatment has been ordered, unless the court determines that the defendant may be committed as an inpatient for a full competence examination pursuant to § 24-531.03(e) or for competence treatment pursuant to § 24-531.05." § 24-531.02(b)(2)

Time limits on treatment

Inpatient: 180 days in the aggregate, § 24-531.05(b) 
OR maximum possible sentence. § 24-531.05(d)(1)
(If charged with crime of violence, court can order defendant to undergo multiple rounds of inpatient treatment, not to exceed 180 days each, with a limit of 5 years for crimes except murder, first degree sexual abuse, or first degree child abuse. § 24-531.08(b)) § 24-531.05(b)-(d).

Outpatient: "[O]ne or more reasonable periods of time, not to exceed 180 days each." § 24-531.05(e)(1)