Key Information

Relevant Statutes and Rules

Mass. Gen. Laws Ann. 123 § 15-17

What proceedings can occur while the defendant is incompetent

"If either a person or counsel of a person who has been found to be incompetent to stand trial believes that he can establish a defense of not guilty to the charges pending against the person other than the defense of not guilty by reason of mental illness or mental defect, he may request an opportunity to offer a defense thereto on the merits before the court which has criminal jurisdiction. The court may require counsel for the defendant to support the request by affidavit or other evidence. If the court in its discretion grants such a request, the evidence of the defendant and of the commonwealth shall be heard by the court sitting without a jury. If after hearing such petition the court finds a lack of substantial evidence to support a conviction it shall dismiss the indictment or other charges or find them defective or insufficient and order the release of the defendant from criminal custody."

Mass. Gen. Laws Ann. ch. 123, § 17(b) (West)

Number of examiners required

1

Mass. Gen. Laws Ann. ch. 123, § 15(a) (West)

Qualifications of examiners

Qualified physicians or qualified psychologists. Mass. Gen. Laws Ann. ch. 123, § 15(a) (West)
 

What must the evaluation report contain

"[W]ritten signed reports of their findings, including the clinical findings bearing on the issue of competence to stand trial or criminal responsibility. Such reports shall also contain an opinion, supported by clinical findings, as to whether the defendant is in need of treatment and care offered by the department."

Mass. Gen. Laws Ann. ch. 123, § 15(c) (West)

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

Inpatient if defendant meets commitment criteria of (1) person is mentally ill, and (2) the discharge of such person from a facility would create a likelihood of serious harm.

Mass. Gen. Laws Ann. ch. 123, § 8(a), 16(b) (West)

What is the test for restorability

None stated.

What is the procedure after restoration

"If any person found incompetent to stand trial is determined by the superintendent of the facility or the medical director of the Bridgewater state hospital to be no longer incompetent, the superintendent or medical director shall notify the court, which shall without delay hold a hearing on the person's competency to stand trial. Any person found incompetent to stand trial may at any time petition the court for a hearing on his competency. Whenever a hearing is held and the court finds that the person is competent to stand trial, his commitment, if any, to a facility or to the Bridgewater state hospital shall be terminated and he shall be returned to the custody of the court for trial. However, if the person requests continued care and treatment during the pendency of the criminal proceedings against him and the superintendent or medical director agrees to provide such care and treatment, the court may order the further hospitalization of such person at the facility or the Bridgewater state hospital."

Mass. Gen. Laws Ann. ch. 123, § 17(a) (West)

What is the procedure if there is a finding of unrestorability

None stated.

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 dismiss the criminal charges"

Mass. Gen. Laws Ann. ch. 123, § 16(f) (West)

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

"Notwithstanding any finding of incompetence to stand trial under the provisions of this chapter, the court having jurisdiction may, at any appropriate stage of the criminal proceedings, allow a defendant to be released with or without bail."

Mass. Gen. Laws Ann. ch. 123, § 17(c) (West)

Time limits on treatment

Maximum time defendant would have served before becoming eligible for parole.

Mass. Gen. Laws Ann. ch. 123, § 16(f) (West)