Incompetency to stand trial. Appropriateness and outcome

Area of Science:

• Forensic Psychiatry
• Mental Health Law
• Criminal Justice Studies

Background:

• Individuals found incompetent to stand trial (IST) often have severe mental illness and face serious criminal charges.
• Existing legal and hospital policies may not adequately address the needs of IST individuals, particularly concerning long-term care and diversion.
• Understanding the characteristics of IST individuals is crucial for effective legal and mental health system interventions.

Purpose of the Study:

• To analyze the demographic and criminal profiles of individuals found incompetent to stand trial in Los Angeles County.
• To assess whether IST is being utilized as a diversion mechanism for minor offenses into psychiatric hospitalization.
• To identify systemic gaps in post-release planning and follow-up care for severely mentally ill offenders.

Main Methods:

• Retrospective analysis of 85 individuals found incompetent to stand trial in Los Angeles County in 1983.
• Review of criminal charges, history of violence, and prior arrests.
• Assessment of current psychiatric hospitalization and post-release care planning.

Main Results:

• A significant majority (92%) of IST individuals were charged with felonies, and 62% with violent crimes.
• Most had a history of serious physical violence (87%) and prior felony arrests (68%).
• IST was not primarily used to divert individuals with minor offenses into psychiatric care.

Conclusions:

• Incompetency to stand trial in this jurisdiction predominantly involves individuals with serious criminal histories and violent behavior.
• There is a critical deficiency in post-release planning and follow-up for chronically and severely mentally ill offenders.
• Neither the criminal justice nor the mental health system adequately assumes responsibility for the care of these individuals.
• Mandatory community treatment upon release is recommended to address the observed gaps in care and improve outcomes.