Spanish Resources
To find ASERT resources that have been translated into Spanish, click here.
Competency Evaluation
A person who is not competent to stand trial should not be convicted of a crime. In order to ensure that the criminal proceeding is fair, a court may order a mental health assessment or a competency evaluation be conducted. The request for an evaluation is arranged through the defense counsel and competency can be raised during any stage of legal proceedings by a judge, attorney, prison staff, etc. The trial process is put on hold while the competency evaluation is conducted.
Purpose of the Competency Evaluation/Assessment
To measure the defendant’s abilities to comprehend and participate in the judicial process, which include but are not limited to the defendant’s ability to:
- Understand and process information.
- Communicate sufficiently with defense counsel to assist in the defense.
- Make informed decisions.
- Understand the meaning of the charges and the potential consequences and repercussions of the outcomes.
Issues of Competency and Potential Pathways
Not Competent
- Potential to have charges dismissed/withdrawn
- Supervised release
- Civil commitment – Mental Health Procedures Act
- Could be a state hospital commitment (following request by defense counsel)
Competent
- Charges continue and case goes to trial
- Defense counsel could negotiate a deal
- If convicted, advocacy through counsel
- Advocate for what state programs and waivers can do for him/her
- Could result in a lesser sentence
Mental health treatment could be used in lieu of punishment
Competency Restoration Program
- If an individual is deemed Incompetent to Stand Trial (IST), they will either be found IST and restorable or IST and not restorable.
- For those deemed restorable, some type of Competency Restoration program will be ordered.
Points of Intervention
Though only the prosecutor, defense counsel, or court can bring forward a request to complete a Competency Evaluation/Assessment, a supporter can offer assistance to the defense counsel in the petition to evaluate competency by helping provide:
- Relevant medical records
- Psychosocial history
- Police and law enforcement reports
- Statements made by the defendant
- Transcripts of hearings
For more information about justice system procedures, visit the ASERT Navigating the Justice System page.