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- Treatment for defendants who are found incompetent to stand trial is most often on an inpatient basis, and defendants will not be free to come and go from the treating facility, whether that is the forensic center or another psychiatric hospital.
blanchard.law › incompetent-stand-trial
Jun 1, 2016 · Given the differences between the criteria for incompetence to stand trial and the criteria for civil commitment, some incompetent, unrestorable defendants will not meet traditional civil commitment criteria and would therefore seem eligible for release from jail or hospital confinement.
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Feb 8, 2019 · Unfortunately, growing resource problems in some states have delayed defendants' transitions from jail to hospital after a finding of incompetency (and commitment for restoration). 16,17 As a result, defendants found incompetent to stand trial may spend considerable counterproductive time in jails awaiting the availability of a hospital bed. 2 ...
Aug 8, 2018 · Treatment for defendants who are found incompetent to stand trial is most often on an inpatient basis, and defendants will not be free to come and go from the treating facility, whether that is the forensic center or another psychiatric hospital.
Apr 2, 2020 · Some defendants will be released on bond under pretrial conditions, and others will be released outright from jail upon case disposition. All too often, defendants in the competence system are not linked to community supports or reentry planning after being held in jail or state hospitals for restoration—a key lost opportunity ( 33 ).
May 14, 2021 · The Court cited empirical data showing that many defendants committed as incompetent prior to trial are, in fact, never tried. The Court expressed doubt ‘whether the rationale for pretrial commitment—that care or treatment will aid the accused in attaining competency—is empirically valid.’
Jan 3, 2012 · As the result of a series of rulings, the courts have recommended that the transfer of IST defendants from jail to a state hospital be completed in no more than 30 to 35 days. (This would still leave 55 to 60 days for the examination and assessment of competency.)
During both the evaluation and restoration phases, defendants are often held involuntarily, or committed, either in jail or in a locked treatment facility. In Jackson v. Indiana (1972), the U.S. Supreme Court held that the nature and duration of an incompetent defendant’s commitment must bear a relationship to the
