Exploring Incompetence to Stand Trial Evaluations & Competence Restoration for People with Serious Mental Illness & Emotional Disturbances

Competence to stand trial is a critical issue in the legal and clinical systems. Many states report an increase in referrals for competence to stand trial evaluations and competence restoration while state psychiatric hospitals report an increase in forensic patient stays, all of which are contributing to lengthy jail or hospital stays among this population in the face of insufficient community resources.

A new guide released by the Substance Abuse & Mental Health Services Administration (SAMHSA),  “Foundation Work for Exploring Incompetence to Stand Trial Evaluations & Competence Restoration for People with Serious Mental Illness / Serious Emotional Disturbance”, provides the latest insights regarding competence evaluation and competence restoration among people with serious mental illness or co-occurring disorders who are in the criminal and juvenile justice systems. Users can find important introduction and overview material on the full scope of the issue, as well as a summary of 10 major issues in the competence to stand trial system.

The report is intended to support policy makers and criminal justice and behavioral health professionals and provides an overview of the status of the fields of competence to stand trial, incompetence to stand trial, and competence restoration for adults and youth in the criminal justice and juvenile justice systems.