Key Information

Relevant Statutes and Rules

Miss. R. Cr. P. 12 et seq.

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

1

Miss. R. Cr. P. 12.3(a)
 

Qualifications of examiners

"competent psychiatrist and/or psychologist approved by the court"

Miss. R. Cr. P. 12.2(d)

What must the evaluation report contain

Report must include "an opinion as to whether the defendant is competent, and the basis therefor. The report may also include additional findings and opinions concerning whether the defendant's mental condition creates a present danger to the defendant and/or others."

Miss. R. Cr. P. 12.3(c)(1)

"If the opinion referenced in (c)(1) is that the defendant is incompetent under the standards in Rule 12.1, the report shall also state the psychiatrist's and/or psychologist's opinion of:
(A) the condition causing the defendant's incompetency and the nature thereof;
(B) the treatment, if any, required for the defendant to attain competency;
(C) the most appropriate form and place of treatment, in view of the defendant's therapeutic needs and potential danger to the defendant and/or others, and an explanation of appropriate treatment alternatives;
(D) the likelihood of the defendant's attaining competency under treatment and the probable duration of the treatment; and
(E) the availability of the various types of acceptable treatment in the local geographic area, specifying the agencies or the settings in which the treatment might be obtained and whether the treatment would be available on an outpatient basis."

Miss. R. Cr. P. 12.3(c)(2)

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 or outpatient, based on the report of the examiner.

Miss. R. Cr. P. 12.5(d)

What is the test for restorability

" a substantial probability that the defendant will become mentally competent to stand trial in the foreseeable future."

Miss. R. Cr. P. 12.5(d)

What is the procedure after restoration

"The court shall hold a hearing to assess the defendant's competency:
(1) on receiving a written report from a treating mental health professional stating that, in his/her opinion, the defendant has become competent to stand trial;
(2) on motion of either party, accompanied by the certificate of a mental health expert stating that, in the expert's opinion, the defendant is competent to stand trial; or
(3) on the court's own motion."

Miss. R. Cr. P. 12.6(a)

"If the court finds that the defendant is competent to stand trial, the regular proceedings shall recommence without delay. The defendant shall be entitled to a rehearing of any proceeding if there are reasonable grounds to believe the defendant was prejudiced by the defendant's previous incompetency."

Miss. R. Cr. P. 12.6(b)

What is the procedure if there is a finding of unrestorability

"[T]he court shall order that civil proceedings as provided in Mississippi Code Section 41-21-61, et. seq., be instituted.  . . . The defendant shall remain in custody until determination of the civil proceedings."

Miss. R. Cr. P. 12.5(e)

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

"[T]he court shall order that civil proceedings as provided in Mississippi Code Section 41-21-61, et. seq., be instituted.  . . . The defendant shall remain in custody until determination of the civil proceedings."

Miss. R. Cr. P. 12.5(e)

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

None stated.

Time limits on treatment

"reasonable time after entry of commitment order"

Miss. R. Cr. P. 12.5(e)