South Carolina Competency-Defendant Not Competent, But Likely to Restore
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FAQ
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.
About 70% of the defendants referred for evaluation are ultimately found competent to stand trial.
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.
Involvement of one's family. The most common method of restoring competence in defendants is: a. a combination of medication and therapy.
Their results indicated that approximately 81 percent of individuals across studies and diagnostic categories were eventually restored, usually within 90?120 days.
(3) If the court finds by a preponderance of the evidence that the defendant is mentally incompetent, criminal proceedings must remain suspended, and the court must order that the defendant be committed and placed for restoration treatment.
A criminal defendant must be restored to competency before the legal process can continue. To be considered restored and competent to stand trial, a defendant must be able to consult with his or her defense lawyer and have a rational and factual understanding of the legal proceedings.