To have a fair trial, a person charged with a crime must understand nature of the legal proceedings, including the charges against them, and be able to assist their attorney in their own defense. If it appears that the person has a mental health condition that causes either or both abilities to be lacking , a judge may order a competency evaluation to inform the court about the person’s abilities to stand trial.
By law, those we serve have a constitutional right to participate in their defense. BHHA helps patients achieve competency to stand trial that meets the state law.
If an evaluator’s opinion is that a person lacks the capacity to be competent to stand trial, and the court agrees with the assessment, the court orders the person to either inpatient competency restoration in our facilities (such as the Gage Center of Forensic Excellence at Western State Hospital, Behavioral Health and Treatment Center - Steilacoom Unit or Eastern State Hospital) or outpatient competency restoration in state-contracted programs.
Patients’ restoration periods vary depending on their type of charges. If, after a restoration period, an evaluator determines that the patient still does not understand the nature of the charges against them – or cannot competently participate in their defense – another restoration period is initiated (per RCW 10.77.645).
Up to three consecutive restoration periods can be initiated to assist patients in restoring their competency. In Washington state, the maximum restoration period is up to one year for a Class A Felony. Our goal is to restore patient competency as soon as possible.
Discharge process for competency restoration patients
Patients who are restored to competency return to jail to continue with their court proceedings.
For patients who are unable to reach restorative status within the maximum restoration period, the court may find the patients incompetent and dismiss the criminal charges (RCW 10.77.405). The court may order a civil commitment evaluation or release the person into the community. Under the Involuntary Treatment Act, patients remain at our state hospitals as civil patients if they are determined to still pose a substantial danger to themselves and/or others (RCW 71.05.230).