To have a fair trial, a person charged with a crime must understand the charges against them and be able to assist their attorney in their own defense. If either or both of these abilities seems to be lacking and it appears the person has a mental health condition, a judge may order a competency evaluation to inform the court about the person’s abilities to stand trial.
By law, those we serve have a constitutional right to participate in their defense. At the heart of our public service is that we help patients achieve the Dusky Standard of Competency.
If an evaluator determines a person is not competent to stand trial, and the court agrees with the assessment, the court orders the person to either inpatient competency restoration in our facilities (such as the Gage Center of Forensic Excellence at Western State Hospital, Steilacoom Unit or Eastern State Hospital) or outpatient competency restoration in state-contracted programs.
Patients’ restoration periods vary depending on their type of charges. If after a restoration period, an evaluator determines the patient still does not understand the nature of the charges against them – or cannot competently participate in their defense – another period of restoration is initiated.
Up to three consecutive restoration periods can be initiated to assist patients in restoring their competency. In Washington state, the maximum restoration period can last up to one year for a Class A Felony. Our goal is to restore patient competency as soon as possible.
Discharge process for competency restoration patients
Patients who restore their competency return to jail to continue with their court proceedings.
For patients who find themselves unable to reach restorative status within the maximum restoration period, the court may find the patients not competent and dismiss the criminal charges. The court may order a civil commitment evaluation or release the person into the community. Under the Involuntary Treatment Act, patients remain at our state hospitals as civil patients if they are determined to still pose a substantial danger to themselves and/or others.