How do defendants progress through the competency restoration system e At any point in the case, District Attorney, Public Defender, or Judge may raise concern about competency ¢ For any “bona fide doubt” case is suspended by judge for court-ordered evaluation (Pate v. Robinson, 383 U.S. 375 (1966)) o Obligation of the judge, even if no other party raises concern = Constitutional due process implications o Order will also indicate if parties waive defendant’s future presence at the competency hearing if the evaluator opines ISTHow do defendants progress through the competency restoration system? Eee —© }_______ __ ¢ If defendant is found competent by the court (after an initial evaluation, or anytime thereafter)— o Defendant is returned to jail or the community for the case to continue «But remember...not a static statusHow do defendants progress through the competency restoration system? ( .\, * If not competent—Court asks “Is the defendant likely to regain competency?”* © Ifnot, charges dismissed, and the defendant may be evaluated for civil commitment * 0 Ifso, the trial is stayed (except pre-trial proceedings that don’t require defendant’s presence), and defendant sent to WSH for restoration (or to a special program within WSH if developmentally disabled) x New hearing when opined competent or at expiration of commitment . Base rate of incompetence among defendants referred: 27.5% (95% CI: 35-7 — 33.4%) (Pirelli et al., 2013) o Comparable rates at WSH: 34.80% (Najolia et al., 2014)How long are defendants treated for competency restoration?: Felonies SS SS O- - ¢ Initial commitment: © Upto 90 days for Class A or violent Class B felony © Up to 45 days for nonviolent Class B or Class C felony © Or earlier as soon as competent ** ¢ Still not competent? o If developmentally disabled (so likely not restorable)—charges dismissed and evaluated for civil commitment o Ifnot, and Court finds likely restorable...another 90 days ¢ Still not competent? © If defendant is found to be a danger and likely to commit acts jeopardizing public safety, and restorable in a reasonable amount of time...up to another 6 months If not...charges dismissed and evaluated for civil commitmentHow long are defendants treated for competency restoration?: Misdemeanors ¢ 14 days, plus * any unused portion of the possible 15-day inpatient evaluation period ¢ for a possible total of 29 inpatient days ¢ The fourteen-day period plus any unused time of the evaluation...shall be considered to include only the time the defendant is actually at the facility and shall be in addition to reasonable time for transport to or from the facilityCompetency evaluation/restoration process At any point in the case, DA, PD, or judge may raise concern about competency—for any “bona fide doubt” case is suspended by judge for court-ordered evaluation * If the judge is informed by any party that patient has a DD, evaluation must be performed by DD professional * Order will also indicate if parties waive defendant's future presence at compatency hearing if evaluator opines IST * Defendant also has right to own evaluator (with court's assistance if indigent), who may be present at evaluation ‘* Must include opinion whether defendant should be evaluated by DMHP under RCW 71.05 © Copy of report to: PD, DA, DMHP, jail \s the defendant charged with 1° or 2% degree murder? Likely an accurate evaluation cannot be completed in jail? Is evaluation outside of jail setting necessary for defendant's health/safety ? vee Wo Defendant ordered to WSH for up to Inpatient evaluation Defendant evaluated in jail or 15 days for eval deemed necessary community {if on PR) © Pt, should be transferred to WSH after outpatient eval * w/in 7 days if in jail or 21 for this w/in 7 days {and court agrees) days if in community 2 possible outcomes T—~| 3 possiblo outcomes Court finds likely to regain CST? Yer we Returned to jail or community for trial © Trial stayed ‘© Except certain pre-trial proceedings '* Sent to WSH for comp res (special program If DD): © Up to 90 days for felony for violent Class B or Class A felony Charges dismissed w/o prejudice (“stayed or dismiss” for nonserious nonfel.) P'* 72-hr eval for civ. comm. © 45 daysor Class C or nonviolent Class Bfelony |! [ 1s defendant oD © Rea’ for felony or © 14 days inpatient (+ any unused portion of 15- | | so not likely serious nonfelony day eval period, fora possible total of29 days), [| | restorable? © Permitted for or 90 days cond. release, for serious nonfelony A Maes, nonserious nonfelony ©. Orearlier as soon as competent Yes se Now competent? (hearing) nal File evaluation re results with ct. © Include evidence-based opinion re Hae dangerousness if felony & last rest. period or 4 Le not likely to regain CST yes Upto another sixmo ts defendant a danger/tkely to| no commit acts jeop. public AND Another 90 days ifjudge decides restorable 2 jah dG i SES ‘Now competent? ne HLL | gime? ve Yes