Texas Competency Restoration is a program designed to help individuals with mental illness who have been found not guilty by reason of insanity (GRI) and/or incompetent to stand trial (IST) to develop the skills they need to become competent and able to participate in their own defense. It is an evidence-based approach that combines cognitive-behavioral therapy, medication management, and family and peer support. There are two types of Texas Competency Restoration: Restoration to Competency (RTC) and Restoration to Competence with Conditions (RTC-C). RTC is a treatment program designed to restore an individual’s competence so that they can stand trial. RTC-C is a treatment program designed to restore an individual’s competency, but with conditions attached. These conditions may include a requirement to remain on medication and follow relapse prevention plans.
Texas Competency Restoration
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FAQ
Competency refers to a defendant's capacity to comprehend the allegations, while insanity refers to the mental state of the defendant at the time of the crime. What is Competency? Competency determines whether a defendant will be able to appear at trial and understand the proceedings.
In total, and across jurisdictions, outpatient restoration was achieved in 70 percent of cases, with an average of 20.3 percent of cases being found non-restorable, and an average of 149 days necessary to restore competency.
What is competency restoration? When a defendant is found not competent, the state is ordered to provide services to bring them back to competency. Restoration services typically involve admission to a forensic services unit, where other people are participating in the program.
Williamson County's new initiative is called the jail-based competency restoration program. It's for defendants charged with a crime but declared incompetent to stand trial. The goal is to get these pre-trial inmates mental health treatment so they get their day in court.
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.
Many jurisdictions set no limit. With or without formal limits, the typical successful restoration occurs in 2 to 6 months. While circumstances may warrant more extended efforts in some cases, the likelihood of success beyond 3to4 months appears diminished.