Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-t5pn6 Total loading time: 0 Render date: 2024-04-19T01:07:25.481Z Has data issue: false hasContentIssue false

Chapter 32 - An Overview of Jail-Based Competency Restoration

from Part V - Criminal Justice and Social Considerations

Published online by Cambridge University Press:  19 October 2021

Katherine Warburton
Affiliation:
University of California, Davis
Stephen M. Stahl
Affiliation:
University of California, San Diego
Get access

Summary

Forensic populations in the United States are increasing, driven largely by a rise in individuals determined to be incompetent to stand trial (IST). According to the California Department of State Hospitals’ 2017 Annual Report, the most common type of commitment (22% of all commitments) was defendants adjudicated IST. While just five years ago, 343 mentally ill inmates were awaiting placement for competency restoration services, as of 2018, that number has increased to a staggering 819. As defined by the Dusky v. United States (1960) standard, a competent defendant must have the capacity to understand the legal proceedings, which includes an understanding of the various participants in the justice process. Defendants must also be able to function within the legal system by consulting with their attorneys.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

National Association of State Mental Health Program Directors. Assessment #10: forensic patients in state psychiatric hospitals: 1999–2016. 2017. https://nasmhpd.org/sites/default/files/TACPaper.10.Forensic-Patients-in-State-Hospitals_508C_v2.pdf (accessed June 2020).Google Scholar
California Department of State Hospitals. 2017 annual report. www.dsh.ca.gov/publications/docs/ADA2017AnnualRept.pdf (accessed June 2020).Google Scholar
Weiner, J. Breakdown: mental health. 2019. https://calmatters.org/articles/california-mental-health-treatment-in-prisons/ (accessed June 2020).Google Scholar
Dusky v. United States, 362 U.S. 402 (1960).Google Scholar
Wall, BW, Ash, P, Keram, E, Pinals, DA, Thompson, CR. AAPL Practice resource: evaluation of competence to stand trial. J Am Acad Psychiatry Law; 2018. http://jaapl.org/content/jaapl/46/3_Supplement/S4.full.pdf (accessed June 2020).Google Scholar
Gowensmith, WN, Frost, LE, Speelman, DW, Therson, DE. Lookin’ for beds in all the wrong places: outpatient competency restoration as a promising approach to modern challenges. Psychol Public Policy Law. 2016; 22(3): 293305.CrossRefGoogle Scholar
Trueblood, , et al. v. Washington State Department of Social and Health Services, 101 F. Supp. 3d 1010 (W.D. Wash. 2015). https://docs.justia.com/cases/federal/district-courts/washington/wawdce/2:2014cv01178/202545/131 (accessed February 17, 2019).Google Scholar
Stiavetti, , et al. v. Ahlin, et al. Superior Court of California, County of Alameda (2016), Case No. RG15779731, [Tentative] Order Granting In Part Petition for Writ of Mandate (03/15/2019).Google Scholar
Warburton, K, McDermott, BE, Gale, A, Stahl, SM. A survey of national trends in psychiatric patients found incompetent to stand trial: reasons for the re-institutionalization of people with serious mental illness in the United States. CNS Spectr. 2020; 25(2): 245251.CrossRefGoogle Scholar
Wik, A. Alternatives to inpatient competency restoration programs: jail-based competency restoration programs. 2018. www.nri-inc.org/media/1500/jbcr_website-format_oct2018.pdf (accessed June 2020).Google Scholar
Jennings, JL, Bell, JD. The “ROC” model: psychiatric evaluation, stabilization and restoration of competency in a jail setting. 2012. https://doi.org/10.5772/30040 (accessed June 2020).Google Scholar
Cal. Pen. Code §1369 (2015).Google Scholar
Department of State Hospitals JBCT Metrics Summary for 2018. Received February 8, 2019.Google Scholar
Carbonell, JL, Heilbrun, K, Friedman, FL. Predicting who will regain trial competency: initial promise unfulfilled. Forensic Rep. 1992; 5(1): 6776.Google Scholar
Golding, SL. Studies of incompetent defendants: research and social policy implications. Forensic Rep. 1992; 5(1): 7783.Google Scholar
Mossman, D. Predicting restorability of incompetent criminal defendants. J Am Acad Psychiatry Law 2007; 35(1): 3443.Google Scholar
Morris, DR, Parker, GF. Jackson’s Indiana: state hospital competence restoration in Indiana. J Am Acad Psychiatry Law. 2009; 36(4): 522534.Google Scholar
Morris, DR, Deyoung, NJ. Long-term competence restoration. J Am Acad Psychiatry Law. 2014; 42(1): 8190.Google Scholar
Colwell, LH, Gianesini, J. Demographic, criminogenic, and psychiatric factors that predict competency restoration. J Am Acad Psychiatry Law. 2011; 39: 297306.Google ScholarPubMed
Galin, K, Wallerstein, L, Miller, R. Restoring Individuals Safely and Effectively (RISE): Colorado’s jail-based competency restoration program. Presentation to NAMI national convention; 2016. www.nami.org/getattachment/Get-Involved/NAMI-National-Convention/2015-Convention-Presentation-Slides-and-Resources/A-7-Restoring-Individuals-Safely-and-Effectively-(RISE).pdf (accessed June 2020).Google Scholar
Sell v. United States, 539 U.S. 166 (2003).Google Scholar
Washington v. Harper, 494 U.S. 210 (1990).Google Scholar
Cal. Pen. Code §1369 (2009).Google Scholar
Cal. Pen. Code §1370 (a)(2)(B)(ii)(III) (2018).Google Scholar
Zapf, P. Standardizing Protocols for Treatment to Restore Competency to Stand Trial: Interventions and Clinically Appropriate Time Periods (Document No. 13–01-1901). Olympia, WA: Washington State Institute for Public Policy; 2013.Google Scholar
Texas Administrative Code, Title 25, Part 1, Chapter 416, Subchapter C, Rule §416.80. https://texreg.sos.state.tx.us/ (accessed February 18, 2019).Google Scholar
Texas Administrative Code, Title 25, Part 1, Chapter 416, Subchapter C, Rule §416.78. https://texreg.sos.state.tx.us/ (accessed February 18, 2019).Google Scholar
Texas Health and Human Services. Jail-Based Competency Restoration Pilot Program Third Quarter Report for Fiscal Year 2017. https://hhs.texas.gov/reports/2017/06/jail-based-competency-restoration-pilot-program-third-quarter-report-fiscal-year-2017 (accessed June 2020).Google Scholar
Kapoor, R. Commentary: jail-based competency restoration. J Am Acad Psychiatry Law. 2011; 39(3): 297306.Google ScholarPubMed
Texas Administrative Code, Title 25, Part 1, Chapter 416, Subchapter C, Rule §416.89. https://texreg.sos.state.tx.us/ (accessed February 18, 2019).Google Scholar
Danzer, GS, Wheeler, EMA, Alexander, AA, Wasser, TD. Competency restoration for adult defendants in different treatment environments. J Am Acad Psychiatry Law. 2019; 47(1): 6881.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×