Factors affecting jail detention of defendants adjudicated incompetent to proceed

Abstract

The movement of defendants through the legal process who have been adjudicated incompetent to proceed is little studied, yet it is important. The purpose of this study was to provide empirical data regarding factors that affected the amount of time defendants adjudicated incompetent to proceed and ordered to undergo hospitalization remained in jail while awaiting transfer to a state hospital. Statewide data collected in Florida between July 2005 and June 2008 were used to determine the lengths of time incompetent defendants spent at certain stages in the legal process. The addition of forensic bed capacity following media attention and litigation resulted in a significant decrease in the amount of time defendants adjudicated incompetent to proceed waited in jail for transfer to a state hospital for treatment. The amount of time it took for completed commitment orders to be submitted to the state mental health authority by the Clerks of Court of each county accounted for a meaningful portion of days defendants spent in jail awaiting transfer to a state hospital, with considerable variation across counties with respect to waiting times. These findings reflect how various stakeholders can affect the amount of time defendants spend in jail while awaiting hospitalization. These issues are discussed in the context of controversy related to Florida's forensic mental health system, as well as issues related to the political process and funding of the state's mental health authority.

Ten Year Research Update (2001–2010): Evaluations for Competence to Stand Trial (Adjudicative Competence)

“…Christy, Otto, Finch, Ringhoff, and Kimonis () documented changes in conditions of confinement for AC restoration patients in Florida in the late 1990s as a result of state reform. They noted that the average time between court order for restoration and hospital admission was 81 days, during which defendants are in Florida jails.…”

Competence to stand trial and criminalization: an overview of the research

“…1,2,4 Various states have indicated they are implementing a variety of methods in response to increasing numbers of forensic patients in state hospitals and growing wait lists, including, but not limited to, adding more beds, adapting the admission process, modifying prioritization of waitlists, and developing community-or jail-based programs. 4 Christy et al 72 noted that defendants in Florida waited an average of 81 days to be admitted to hospital after the court ordered restoration; this research provided the impetus for Florida to reallocate finances to provide additional forensic services.…”

The “ROC” Model: Psychiatric Evaluation, Stabilization and Restoration of Competency in a Jail Setting

“…The amount of time waiting in jail for a competency evaluation and/or a state hospital bed can be significant. There is the time from initial arrest to the defense counsel's recognition of competence as an issue; time from recognition until the competence evaluation can be done; time to complete the evaluation; and time from the receipt of the evaluation report until the court adjudicates the issue (Christy, Otto, Finch, Ringhoff & Kimonis, 2010). These critical delays in gaining needed psychiatric treatment can exacerbate clinical symptoms and problem behaviors.…”