Key Information

Relevant Statutes and Rules

R.I. Gen. Laws Ann. § 40.1-5.3-3 (West)

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

1

R.I. Gen. Laws Ann. § 40.1-5.3-3(d)(1)

Qualifications of examiners

Physician

R.I. Gen. Laws Ann. § 40.1-5.3-3(f) (West)

What must the evaluation report contain

the physician shall state the physician’s findings concerning the defendant's competency, together with the medical and other data upon which the physician’s findings are based.

R.I. Gen. Laws Ann. § 40.1-5.3-3(f) (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

If found incompetent, defendant must first be committed to department of mental health "for the purpose of determining whether or not the defendant is likely to imperil the peace and safety of the people of the state or the safety of himself or herself and whether the defendant will regain competency within the maximum period of any placement under this chapter." Time limit of 15 days + 20 day extension. Court then holds a hearing to determine placement.

R.I. Gen. Laws Ann. § 40.1-5.3-3(h)(2) (West)

Outpatient if court finds defendant may be placed on that status "without imperiling the peace or safety of the public or the safety of himself or herself," and the outpatient facility "agrees to provide treatment to the defendant and to adhere to the requirements of this section."
Inpatient "if the court finds that a defendant who is incompetent is likely to imperil the peace or safety of the people of the state or the peace and safety of himself or herself"

R.I. Gen. Laws Ann. § 40.1-5.3-3(i)(2), (3) (West)

What is the test for restorability

"a reasonable likelihood does not exist that the defendant will become competent prior to" the time limit.

R.I. Gen. Laws Ann. § 40.1-5.3-3(m) (West)

What is the procedure after restoration

"[T]he director shall petition the court to review the state of competency of a defendant committed pursuant to subsection (i)(2) or (i)(3)  when the director believes the defendant is no longer incompetent."

40.1 R.I. Gen. Laws Ann. § 40.1-5.3-3(k) (West)

Upon receipt of a petition pursuant to subsection (k) or (l) and appropriate notice to the defendant, the state, and the director, the court shall hold a hearing . . . If the court finds that the defendant is competent, it shall enter an order to that effect."

R.I. Gen. Laws Ann. § 40.1-5.3-3(m) (West)

What is the procedure if there is a finding of unrestorability

"the court shall order that thirty (30) days [after the finding of unrestorability] the defendant be discharged from detention under the order of commitment. Upon entry of the order, the state may commence proceedings seeking to commit the defendant."

R.I. Gen. Laws Ann. § 40.1-5.3-3(m) (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

Charges dismissed.

R.I. Gen. Laws Ann. § 40.1-5.3-3(j) (West)

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

"A defendant for whom a competency examination has been ordered shall be entitled to release on bail or recognizance to the same extent and on the same terms and conditions as if the issue of competency had not been raised."

R.I. Gen. Laws Ann. § 40.1-5.3-3(e)(1) (West)

Time limits on treatment

2/3rds of the maximum term of imprisonment for the most serious offense with which the defendant is charged.
30 years for life sentence or death.

R.I. Gen. Laws Ann. § 40.1-5.3-3(j) (West)