An Overview of Jail-Based Competency Restoration

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

Scott E. Kirkorsky ,

Mary Gable and

Katherine Warburton

Edited by

Katherine Warburton and

Stephen M. Stahl

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

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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: Decriminalizing Mental Illness , pp. 321 - 327

DOI: https://doi.org/10.1017/9781108920698 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2021

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