Competency to stand trial and criminal responsibility: an analysis in South Carolina

Files of 160 defendants with mental retardation evaluated for competency to stand trial and criminal responsibility were reviewed. Referrals increased significantly over the years, and those for crimes against people were more common than those against property. Sexual and burglary/larceny offenses were the most frequent. The mean time from offense to court order was 113 days and increased over the years. About 3 more months passed before court. A judgment of competent occurred 66% of the time and criminally responsible, 87%. No offenders judged not competent went to jail. Concerns were expressed and improvements in the evaluation process were described.