What is a competency evaluation?
The state of Washington employs psychologists who specialize in forensic evaluations, such as competency evaluations as stipulated in RCW 10.77.
The evaluation typically involves a review of the defendant’s mental health history, education and work history. The defendant participates in a clinical interview with a psychologist. Occasionally, psychological testing is conducted.
Evaluations can be done at a state hospital, in a jail setting, or at an attorney’s office, depending upon the defendant’s psychological condition and custody status.
Why is my son/daughter/client being evaluated for competency?
A defendant is evaluated for competency when concerns have been raised with the court that the defendant is not capable of properly participating in their own defense due to mental health symptoms. These concerns may be raised by defense counsel or the prosecution.
What does it mean to be found “not competent?”
Under RCW 10.77, the law which governs this process, a person can be found not competent:
- By being diagnosed with a mental disease or defect which prevents them from understanding court proceedings.
- Not being able to rationally assist in his/her own defense.
What is competency restoration?
When a defendant is found not competent, the judge in their case may order treatment services with the goal of restoring their competency." Restoration services typically involve admission to a forensic services unit. Services typically include educational, therapeutic and recreational activities. The services also may include administration of medications to help treat mental health symptoms.
DSHS provides competency restoration services at Western State Hospital, Eastern State Hospital, and at residential treatment facilities at the former Maple Lane School near Centralia.
How long is competency restoration treatment?
The court order typically specifies the number of days a person will participate in treatment. Each resident is re-evaluated prior to the end of their restoration treatment to determine whether their competency has been restored.
If found competent to stand trial, the person can be returned to jail and continue with their case. If, after the first period or treatment, the court continues to find the person incompetent, the judge can order another treatment period.
There are cases when a person is found not to be restorable in a “reasonable period,” typically longer than six months. If this occurs, charges may be temporarily dismissed and the person may undergo a different type of evaluation to determine whether they are in need of further treatment in a secure setting. This is known as a civil commitment evaluation.
What happens when someone is found competent?
When a person is found competent, they are returned to jail. A hearing will be set for the court to determine if the person is competent and ready to participate in the trial.
What if the attorney doesn’t agree with the court’s opinion that the individual is competent?
The defense counsel can request a contested hearing where they contest the opinion of the evaluator. They may request an outside evaluator at this hearing, as well.
At the hearing, the defense can bring an expert to testify that the person is not competent and the state will bring its expert witness to testify that the person is competent. The defendant has the right to testify in this hearing. After the judge hears testimony and arguments, they will decide if the defendant is competent to stand trial.
Can I visit someone who is participating in competency restoration?
Yes. Call the facility where the person resides to get more information regarding visiting hours and procedures.
Steilacoom Unit– (253) 984-5651
Western State Hospital – (253) 582-8900
Eastern State Hospital – (509) 565-4000
I have questions about my family member. Who can I contact?
It depends on the type of questions you have. A good starting point would be your family member’s assigned attorney. Contact information for attorneys can be found at the Washington State Bar Association.
Partner Resources
Communications with Stakeholders
- Early Closure of Yakima RTF
- Jail Transport to Alternate Sites
- Administrative Offices of the Courts – New Court Order Memo
Related Statutes and Legislation
- SB 6656 (2016) – An act relating to the reform practices at state hospitals.
- SB 5177 (2015) - An act relating to improving timeliness of competency evaluation and restoration services by clarifying alternative locations for the provision of competency restoration services and defining time periods of commitment.
- SB 6492 (2012) – Improving timeliness, efficiency, and accountability of forensic resource use associated with competency to stand trial.
- RCW 10.77 – Criminally insane procedures.