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What is competency?

Competency refers to a person’s ability to understand and meaningfully participate in the legal process. In short, to be competent a person must understand the charges against them, understand the legal process, and be able to effectively assist their attorney.

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What is a competency evaluation?

A competency evaluation consists of a review of records and an interview with a licensed evaluator. The evaluator writes a detailed report supporting their opinion. The report is submitted to either the requesting attorney or directly to the court. By law the evaluator must be a licensed psychiatrist or psychologist.

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Does the competency evaluation include treatment?

All treatment recommendations and decisions stay between the client and their doctor. Competency evaluations do not include treatment of any kind. The evaluator and the client never form a doctor-patient relationship, and the evaluator does not provide therapy, medication management, or treatment recommendations to the client.

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Who will have access to the written evaluation?

If the competency evaluation is requested by a defense attorney, only that attorney and their client will have access to the evaluation until it is submitted to the court. If the prosecution requests the evaluation, it will be submitted directly to the court. Competency evaluations are sealed and not available to the public.

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How long does a competency evaluation take?

In most cases the competency interview with the client is one to two hours. Reviewing records and writing the report require several hours as well. Most evaluations can be completed in around 6 hours, but complicated cases may need 10 hours or more. We strive to complete every evaluation within three days of the interview.