Key Information

Relevant Statutes and Rules

50 Pa. Stat. Ann. §§  7402--7403

What proceedings can occur while the defendant is incompetent

"A determination of incompetency to proceed shall effect a stay of the prosecution for so long as such incapacity persists, excepting that any legal objections suitable for determination prior to trial and without the personal participation of the person charged may be raised and decided in the interim."

50 Pa. Stat. Ann. § 7403(b) (West)

Number of examiners required

1

50 Pa. Stat. Ann. § 7402(e)(2) (West)

Qualifications of examiners

"psychiatrist or licensed psychologist"

50 Pa. Stat. Ann. § 7402(e)(2) (West)

What must the evaluation report contain

A report shall be submitted to the court and to counsel and shall contain a description of the examination, which shall include:
(i) diagnosis of the person's mental condition;
(ii) an opinion as to his capacity to understand the nature and object of the criminal proceedings against him and to assist in his defense;
(iii) when so requested, an opinion as to his mental condition in relation to the standards for criminal responsibility as then provided by law if it appears that the facts concerning his mental condition may also be relevant to the question of legal responsibility; and
(iv) when so requested, an opinion as to whether he had the capacity to have a particular state of mind, where such state of mind is a required element of the criminal charge.

50 Pa. Stat. Ann. § 7402(e)(4) (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

"The court may order outpatient treatment, partial hospitalization or inpatient treatment."

50 Pa. Stat. Ann. § 7402(b) (West)

What is the test for restorability

"substantial probability that he will attain that capacity in the foreseeable future"

50 Pa. Stat. Ann. § 7403(d) (West)

What is the procedure after restoration

"When the court, on its own motion or upon the application of the attorney for the Commonwealth or counsel for the defendant, determines that such person has regained his competence to proceed, the proceedings shall be resumed. If the court is of the opinion that by reason of the passage of time and its effect upon the criminal proceedings it would be unjust to resume the prosecution, the court may dismiss the charge and order the person discharged."

50 Pa. Stat. Ann. § 7403(e) (West)

What is the procedure if there is a finding of unrestorability

Defendant is discharged from criminal detention, but "the court discharging the defendant shall, on its own motion or on the motion of the Commonwealth or on the motion of the defense, order the defendant to submit to a psychiatric examination every 12 months after said discharge of the person, to determine whether the defendant has become competent to proceed to trial. If such examination reveals that the defendant has regained competency to proceed, then a hearing shall be scheduled and the court shall determine, after a full and fair hearing, whether the defendant is competent to proceed. If the defendant is adjudged competent, then trial shall commence within 90 days of said adjudication. If such examination reveals that the defendant is incompetent to proceed, the court shall order the defendant to submit to a new competency examination in 12 months."

50 Pa. Stat. Ann. § 7403(g) (West)

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

Defendant is discharged from criminal detention.

50 Pa. Stat. Ann. § 7403(g) (West)

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

"Whenever a person who has been charged with a crime has been determined to be incompetent to proceed, he shall not for that reason alone be denied pretrial release."

50 Pa. Stat. Ann. § 7403(d) (West)

Time limits on treatment

Lesser of
(1) maximum sentence of confinement that may be imposed for the crimes charged, or
(2) 10 years.

EXCEPT 1st or 2d degree murder, no limit.

50 Pa. Stat. Ann. § 7403(f) (West)