Key Information

Relevant Statutes and Rules

N.J. Stat. Ann. §§ 2C:4-4--2C:4-7 

What proceedings can occur while the defendant is incompetent

"The fact that the defendant is unfit to proceed does not preclude determination of any legal objection to the prosecution which is susceptible of fair determination prior to trial and without the personal participation of the defendant."

N.J. Stat. Ann. § 2C:4-6 (f)

Number of examiners required

1

N.J. Stat. Ann. § 2C:4-5(a)

Qualifications of examiners

Either

(1) a qualified psychiatrist or licensed psychologist who is either
"(1) From a list agreed to by the court, the prosecutor and the defendant; or
(2) Agreed to by the court, prosecutor and defendant."

OR

"the court may order examination of a defendant for fitness to proceed by the Department of Human Services."

N.J. Stat. Ann. § 2C:4-5 (a)
 

What must the evaluation report contain

"The report of the examination shall include at least the following: (1) a description of the nature of the examination; (2) a diagnosis of the mental condition of the defendant; (3) an opinion as to the defendant's capacity to understand the proceedings against him and to assist in his own defense."

N.J. Stat. Ann. § 2C:4-5 (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

Inpatient "if it is found that the defendant is so dangerous to himself or others as to require institutionalization, or[the court] shall proceed to determine whether placement in an out-patient setting or release is appropriate."

N.J. Stat. Ann. § 2C:4-6 (b)

What is the test for restorability

"substantially probable that the defendant could regain his competence in the near future"

N.J. Stat. Ann. § 2C:4-6 (b)

What is the procedure after restoration

"When the court, on its own motion or upon application of the commissioner, his designee or either party, determines after a hearing, if a hearing is requested, that the defendant has regained fitness to proceed, the proceedings shall be resumed."

N.J. Stat. Ann. § 2C:4-6 (d)

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

Dismissal if court finds that "continuing the criminal prosecution under the particular circumstances of the case would constitute a constitutionally significant injury to the defendant attributable to undue delay in being brought to trial."

N.J. Stat. Ann. § 2C:4-6 (c)

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

None stated.

Time limits on treatment

3 mos., then hearing on the issue of whether the charges against the defendant shall be dismissed with prejudice or held in abeyance. 

"In determining whether the charges shall be held in abeyance or dismissed, the court shall weigh the following factors: the defendant's prospects for regaining competency; the period of time during which the defendant has remained incompetent; the nature and extent of the defendant's institutionalization; the nature and gravity of the crimes charged; the effects of delay on the prosecution; the effects of delay on the defendant, including any likelihood of prejudice to the defendant in the trial arising out of the delay; and the public interest in prosecuting the charges."

N.J. Stat. Ann. § 2C:4-6 (c)