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An overview of jail-based competency restoration

Published online by Cambridge University Press:  19 December 2019

Scott E. Kirkorsky ,
Mary Gable Open the ORCID record for Mary Gable [Opens in a new window]  and
Katherine Warburton Open the ORCID record for Katherine Warburton [Opens in a new window]
Scott E. Kirkorsky*
Affiliation:
Department of Psychiatry, Division of Psychiatry and the Law, University of California, Davis, Sacramento, California, USA
Mary Gable
Affiliation:
Department of Psychiatry, Division of Psychiatry and the Law, University of California, Davis, Sacramento, California, USA
Katherine Warburton
Affiliation:
Department of Psychiatry, Division of Psychiatry and the Law, University of California, Davis, Sacramento, California, USA
*
*Address correspondence to: Scott E. Kirkorsky, M.D. (Email: [email protected])
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Abstract

Forensic populations in the United States are increasing, driven largely by a rise in individuals determined to be Incompetent to Stand Trial (IST). Across most states, including California, the number of mentally ill inmates awaiting competency restoration has increased dramatically in recent years. Traditionally, competency restoration has taken place in state hospitals, but incompetent inmates often experience a significant wait for state hospital beds because of the rising demand for beds in such facilities. The resulting waitlists, which range from days to months, have led to states being held in contempt of court for violating limits placed on how long incompetent defendants can be held in jail. Therefore, alternatives to state hospitalization for IST patients have been developed, including jail-based competency (JBCT) restoration programs. JBCT programs provide restoration services in county jails, rather than in psychiatric hospitals. The following article will review the nature of JBCT programs and will emphasize the structure and evolution of such programs within California.

Keywords

Competency restorationjail-based competency programsincompetent to stand trialtrial competencycompetent to stand trial.
Type
Review
Information
CNS Spectrums , Volume 25 , Issue 5 , October 2020 , pp. 624 - 629
Copyright
© Cambridge University Press 2019

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References

References:

National Association of State Mental Health Program Directors, Forensic Patients in State Psychiatric Hospitals: 1999–2016 (2017). https://www.nri-inc.org/media/1318/tac-paper-9-forensic-patients-in-state-hospitals-final-09-05-2017.pdf. Accessed February 17, 2019.Google Scholar
California Department of State Hospitals 2017 Annual Report. http://www.dsh.ca.gov/publications/docs/ADA2017AnnualRept.pdf. Accessed February 17, 2019.Google Scholar
Weiner, J. 2019. Breakdown: Mental Health, Health Justice. https://calmatters.org/articles/california-mental-health-treatment-in-prisons/. Accessed April 13, 2019.Google Scholar
Dusky v. United States, 362 U.S. 402 (1960).Google Scholar
American Academy of Psychiatry and the Law, Practice Resource: Evaluation of Competence to Stand Trial. http://jaapl.org/content/jaapl/46/3_Supplement/S4.full.pdf. Accessed February 17, 2019.Google Scholar
Gowensmith, WN, Frost, LE, Speelman, DW, Therson, DE. Lookin’ for beds in all the wrong places: outpatient competency restoration as a promising approach to modern challenges. Psychol Public Policy Law. 2016;22(3):293–305.Google Scholar
Trueblood v. Washington State Department of Social and Health Services, 101 F. Supp. 3d 1010 (W.D. Wash. 2015). https://docs.justia.com/cases/federal/district-courts/washington/wawdce/2:2014cv01178/202545/131. Accessed February 17, 2019.Google Scholar
Stiavetti, et al v. Ahlin, et al. Superior Court of California, County of Alameda (2016), Case No. RG15779731, [Tentative] Order Granting In Part Petition for Writ of Mandate (03/15/2019).Google Scholar
Warburton, K, McDermott, BE, Gale, A, Stahl, SM. A survey of national trends in psychiatric patients found Incompetent to Stand Trial: Reasons for the re-institutionalization of people with serious mental illness in the United States. CNS Spectrum. In press.Google Scholar
Wik, A. 2018. Alternatives to Inpatient Competency Restoration Programs: Jail-Based Competency Restoration Programs. https://www.nri-inc.org/media/1500/jbcr_website-format_oct2018.pdf. Accessed February 17, 2019.Google Scholar
Jennings, JL, Bell, JD. The “ROC” Model: Psychiatric Evaluation, Stabilization and Restoration of Competency in a Jail Setting, (January, 2010). https://doi.org/10.5772/30040.CrossRefGoogle Scholar
Cal. Pen. Code §1369 (2015).Google Scholar
Department of State Hospitals JBCT Metrics Summary for 2018. Received February 8, 2019.Google Scholar
Carbonell, JL, Heilbrun, K, Friedman, FL. Predicting who will regain trial competency: initial promise unfulfilled. Forensic Rep. 1992;5(1), 67–76.Google Scholar
Golding, SL. Studies of incompetent defendants: research and social policy implications. Forensic Rep. 1992;5(1):77–83.Google Scholar
Mossman, D. Predicting restorability of incompetent criminal defendants. J Am Acad Psychiatry Law 2007;35(1):34–43.Google ScholarPubMed
Morris, DR, Parker, GF. Jackson’s Indiana: state hospital competence restoration in Indiana. J Am Acad Psychiatry Law. 2009;36(4):522–534.Google Scholar
Morris, DR, Deyoung, NJ. Long-term competence restoration. J Am Acad Psychiatry Law. 2014;42(1):81–90.Google ScholarPubMed
Colwell, LH, Gianesini, J. Demographic, criminogenic, and psychiatric factors that predict competency restoration. J Am Acad Psychiatry Law. 2011;39:297–306.Google ScholarPubMed
Galin, K, Wallerstein, L, Miller, R. Restoring Individuals Safely and Effectively (RISE): Colorado’s Jail-Based Competency Restoration Program. NAMI National Convention. 2016. https://www.nami.org/getattachment/Get-Involved/NAMI-National-Convention/2015-Convention-Presentation-Slides-and-Resources/A-7-Restoring-Individuals-Safely-and-Effectively-(RISE).pdf. Accessed February 17, 2019.Google Scholar
Sell v. United States, 539 U.S. 166 (2003).Google Scholar
Washington v. Harper, 494 U.S. 210 (1990).Google Scholar
Cal. Pen. Code §1369 (2009).Google Scholar
Cal. Pen. Code §1370 (a)(2)(B)(ii)(III) (2018).Google Scholar
Zapf, P. Standardizing Protocols for Treatment to Restore Competency to Stand Trial: Interventions and Clinically Appropriate Time Periods (Document No. 13-01-1901). Olympia, WA: Washington State Institute for Public Policy; 2013.Google Scholar
Texas Administrative Code, Title 25, Part 1, Chapter 416, Subchapter C, Rule §416.80. https://texreg.sos.state.tx.us/. Accessed February 18, 2019.Google Scholar
Texas Administrative Code, Title 25, Part 1, Chapter 416, Subchapter C, Rule §416.78. https://texreg.sos.state.tx.us/. Accessed February 18, 2019.Google Scholar
Jail-Based Competency Restoration Pilot Program Third Quarter Report for Fiscal Year. 2017. https://hhs.texas.gov/reports/2017/06/jail-based-competency-restoration-pilot-program-third-quarter-report-fiscal-year-2017. Accessed February 18, 2019.Google Scholar
Kapoor, R. Commentary: jail-based competency restoration. J Am Acad Psychiatry Law 2011;39(3):297–306.Google ScholarPubMed
Texas Administrative Code, Title 25, Part 1, Chapter 416, Subchapter C, Rule §416.89. https://texreg.sos.state.tx.us/. Accessed February 18, 2019.Google Scholar
Danzer, GS, Wheeler, EMA, Alexander, AA, Wasser, TD. Competency restoration for adult defendants in different treatment environments. J Am Acad Psychiatry Law. 2019;47(1):68–81.Google ScholarPubMed