We previously reviewed the main conclusions that a competency evaluation might reach. The competency evaluation offers an opinion and a recommendation, but the ultimate decision is made by the judge at a competency hearing. Let’s explore some of the decisions the judge might make, as well as their potential consequences. It’s worth noting that these observations are based on the team’s involvement in more than one thousand competency evaluations in the state of Iowa.
The simplest outcome is when a defendant is found competent to stand trial or competent to proceed. In such cases, the defendant can continue moving through the legal process. This doesn’t mean that a defendant will be competent forever. Competency is meant to reflect a person’s current condition, but a competency evaluation is only a snapshot in time. A lot can change in a short amount of time, and it’s not uncommon for a mentally ill individual’s condition to deteriorate following the competency evaluation or competency hearing. If that happens, the question of competency might be raised again.
Another possibility is that the judge finds a person incompetent to stand trial and orders competency restoration treatment. This decision is usually based on the evaluation’s recommendation that the defendant’s condition might improve with some type of intervention–usually medication or education. Competency restoration treatment deserves a whole series of its own, but in short, competency restoration treatment can occur on either an outpatient or inpatient basis. During the competency restoration process, the defendant will have additional competency evaluations until it is determined they are either competent or unrestorable.
When the judge finds a person incompetent and unrestorable, there can be a number of different outcomes. The defendant might be placed in a group home, residential facility, or another structured environment. In certain circumstances the defendant might be allowed to return home, and while this outcome is sometimes upsetting to families and communities seeking justice, it is important to remember that the accused is innocent until proven guilty. In some situations the charges might be dismissed, while in others the prosecutor might delay pursuing the charges to see if the defendant’s condition improves with time.
We’ll explore what exactly happens during competency restoration treatment in another post.