![]() “Otherwise, you’re using expensive, ineffective, and potentially harmful pathways to tackle problems that could be addressed with better strategies.”Ĭompetency laws were created to protect individuals’ rights, and that is extremely important, explained Debra Pinals, M.D., a member of the Just and Well advisory committee, chair of the APA Council on Psychiatry and Law, and a professor of psychiatry at the University of Michigan. “It’s extremely important to get the right people in the right system at the right time and for the right reasons,” says Debra Pinals, M.D. In 2019, there were an estimated 91,000 competency evaluations, and about half of those evaluations were for people charged with misdemeanors, according to a paper presented at the annual meeting of the American Psychology-Law Society in March 2020 and cited in the report. From 1999 to 2014, there was a 72% increase in the number of people receiving competency restoration services in state hospitals, according to NASMHPD. ![]() Over the years, the number of people being evaluated and receiving competency restoration services has grown dramatically, straining the system and causing people to wait for available services for weeks or months in some cases. Then, the person is evaluated and, if needed, services are provided to restore his or her competency. Typically, the judge or another party in a case can raise a concern about a person’s ability to participate and understand the court’s proceedings, according to the report. Constitution, no criminal case can be adjudicated unless the defendant is considered competent to stand trial, meaning that the person can consult with an attorney and must clearly understand the charges against him or her. In addition to the CSG Justice Center and the APA Foundation, the report was prepared in partnership with the National Association of State Mental Health Program Directors (NASMHPD), the National Center for State Courts, and the National Conference of State Legislatures. doi: 10.1176/ps.2006.57.4.The report’s development was prompted by Michael Champion, M.D., Judge Steven Leifman, J.D., Sarah Vinson, M.D., and Justice Kathryn Zenoff, J.D., the co-chairs of the Judges and Psychiatrists Leadership Initiative (JPLI), a partnership between the APA Foundation and the Council of State Governments (CSG) Justice Center. Use of the sequential intercept model as an approach to decriminalization of people with serious mental illness. SAMHSA’s Webinar on The Myths, Realities, and Best Practices for Treating Justice-Involved Populations in Community Care.SAMHSA’s GAINS Center for Behavioral Health and Justice Transformation.Resources on the Sequential Intercept Model: Intercept 5: Community Corrections and Community Support Services. ![]()
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