48 - Restoration

Summary

Once a defendant is deemed incompetent to stand trial (IST), the evaluator must indicate whether restoration can occur within the foreseeable future. This restoration must occur in a “reasonable” – but undefined – period. If restorable and the defendant is in the community, an outpatient restoration program might be utilized but only if the defendant does not constitute a physical threat to the community. If the defendant is incarcerated, the restoration process will likely occur in a secure hospital setting or a jail setting. Unfortunately, not every jurisdiction has an outpatient restoration program or a jail restoration program. The nature of the crime often creates what I call a “justice” bias toward competency or the restoration process. The more heinous the crime the more likely the defendant is to be competent or IST but restorable.