1 / 7

Competency to Stand Trial

Competency to Stand Trial. Proposed Scope & Objectives. Elisabeth Donner and Eric Thomas JLARC Staff. Evaluations Intended to Prevent Incompetent Defendants from Being Tried. Criminal defendant incompetent to stand trial if: Lack capacity to understand the proceedings against them, or

trygg
Download Presentation

Competency to Stand Trial

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Competency to Stand Trial Proposed Scope & Objectives Elisabeth Donner and Eric Thomas JLARC Staff

  2. Evaluations Intended to Prevent Incompetent Defendants from Being Tried • Criminal defendant incompetent to stand trial if: • Lack capacity to understand the proceedings against them, or • Cannot assist in their defense. • State statute requires that “no incompetent person shall be tried, convicted, or sentenced for the commission of an offense so long as such incapacity continues.” Competency to Stand Trial Audit 1 of 2

  3. A Trial is Suspended if Defendant’s Competency is Questioned Defense, prosecutor, or judge can request competency evaluation for defendant, which takes place at: Hospital County Jails Community Eastern or Western State Most common setting For out-of custody defendants Based on results, court determines if defendant is: Incompetent Orders a period for competency restoration Competent Resumes the trial Competency to Stand Trial Audit 1 of 2

  4. Referrals for Evaluations Have Grown 82% Between 2001 and 2011 3,035 2,885 2,892 2,647 2,614 2,295 2,284 2,283 2,064 1,906 1,667 Number of Referrals 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Source: Senate Human Services Committee Increase in referrals accompanied by an increase in the amount of time defendants spend awaiting evaluation. Competency to Stand Trial Audit 1 of 2

  5. 2012 Legislation (SSB 6492) Provides Guidance to DSHS and JLARC • Legislation establishes performance targets for DSHS for the timeliness of competency evaluations. • Directs JLARC to complete two performance assessments of the agency’s approach and success in meeting targets. • Studies planned for December 2012 and December 2013. • Results from first study will inform objectives for JLARC’s second audit. Competency to Stand Trial Audit 1 of 2

  6. First JLARC Study to Review Key DSHS Activities Directed in SSB 6492 Meet timelines 1 for completing competency evaluations and reporting performance Establish quality and productivity standards 2 for DSHS staff, and determine how these standards will be used Monitor length of stay 3 For defendants in state hospitals, and facilitate their discharge in a timely manner Competency to Stand Trial Audit 1 of 2

  7. Next Steps and Study Contacts Report to be presented December 2012 Eric Thomas, Project Lead Eric.Thomas@leg.wa.gov 360-786-5182 Elisabeth Donner, Research Analyst Elisabeth.Donner@leg.wa.gov 360-786-5190 Zane Potter, Research Analyst Zane.Potter@leg.wa.gov 360-786-5194 Valerie Whitener, Audit Coordinator Valerie.Whitener@leg.wa.gov 360-786-5191 www.jlarc.leg.wa.gov

More Related