South Carolina Competency-Defendant Found Competent
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FAQ
Their results indicated that approximately 81 percent of individuals across studies and diagnostic categories were eventually restored, usually within 90?120 days.
What Happens to a Defendant Who Is Found to Be Incompetent and Not Restorable? This type of finding indicates that neither in-patient nor outpatient treatment will help the defendant understand the charges against her. Under these circumstances, the defendant cannot be prosecuted for her crimes.
The defendant's competence is determined at a court hearing called a ?competency hearing.? 3 A trial court judge makes an adjudication on the issue of competency with the help of a psychiatric or psychological report. The goal of the hearing is to determine if the defendant is incompetent rather than competent.
Defense attorneys have concerns regarding their client's competency in about 8% to 15% of felony prosecutions, and it is estimated that about 20% to 30% of evaluated defendants are found incompetent to stand trial.
(5) ?Incompetent? or ?incompetency? means mentally incompetent to stand trial. A person is mentally incompetent to stand trial if he or she is unable to understand the character and consequences of the proceedings against him or her or is unable properly to assist in his or her defense.
If the defendant is found incompetent, community mental health program director is ordered by a court to evaluate the best place to restore competency. Generally, those accused of misdemeanors are handled in an outpatient setting or released.
In determining whether the defendant is competent to stand trial, the court must determine "whether the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding -- and whether he has a rational as well as factual understanding of the proceedings against
A lack of competency forms a roadblock to a trial and conviction regardless of how strong the prosecution's evidence may be. It does not prevent the police from making an arrest or the prosecution from filing charges, but the proceedings cannot go further until and unless the defendant is found to be competent.