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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
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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 • 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
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
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
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
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
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