Model Table of Contents

• I. INITIAL COMPETENCY HEARING AND ORDER FOR EVALUATION
• A. Initial Competency Hearing
• B. Court Protocol
  • 1. Colloquy—Rational and Factual Understanding of Proceedings
  • 2. Colloquy—Present Ability to Consult with Lawyer and Assist in Defense
• C. Appointment of Neutral Evaluator
• D. When to Order a Competency Evaluation Be Performed
• E. Where to Order a Competency Evaluation Be Performed
• F. Status of Competency Evaluation

• II. COMPETENCY EVALUATION
• A. Who Performs the Evaluation
• B. Conflicts of Interest
• C. Assessment Tools
• D. Where a Competency Evaluation is Performed
• E. When to Perform a Competency Evaluation

• III. COMPETENCY REPORT

• A. Contents of Report
  • 1. Summary of the Evaluation, Including a Current Diagnosis, if any, of the Defendant’s Mental Disorder and a Summary of the Defendant’s Mental Status
  • 2. Statement of Purpose
  • 3. Nature of Evaluator’s Contacts with the Defendant and Counsel
  • 4. Statement of Information Accessed for the Evaluation
  • 5. Method of Evaluation
  • 6. Analysis of Competency of Defendant to Stand Trial or Plead Using the Current Legal Standard
  • 7. Opinion as to Whether Defendant is Likely to be Restored to Competency Within a Reasonable or Statutorily Determined Period of Time
  • 8. Recommendation as to Where Defendant Should be Restored, if Determined Incompetent
  • 9. Summary of Assessment Conducted for Potential Malingering
  • 10. Statement of Potential Future Dangerousness
• B. Submission of Qualifications of Evaluating Mental Health Professional
• C. When to Submit the Competency Report
• D. Who Should Receive the Competency Report

• IV. COMPETENCY TREATMENT PLAN

• V. HEARING FOR COMPETENCY DETERMINATION
• A. Dates for Hearing on Competency of Defendant
• B. Protocol for Hearing on Issue of Defendant’s Competency
• C. Defendant’s Presence at Hearing
• D. Testimony of Lay Witnesses
• E. Where to Order Defendant for Competency Restoration
• F. Length of Time to Commit a Defendant for Competency Restoration
• G. Status of Restoration

• VI. COMPETENCY RESTORATION
• A. Where to Restore the Defendant to Competency
  • 1. Hospital Restoration
  • 2. Restoration in Jail
  • 3. Community Restoration
• B. What Restoration Entails
• C. Length of Time for Restoration

• VII. POST-RESTORATION COMPETENCY EVALUATION

• VIII. MAINTAINING COMPETENCY AND PREVENTING DECOMPENSATION

• A. Provide Continuity in Competency Treatment
• B. Detain Jailed Defendants in Mental Health Pods
• C. Employ the Services of Mental Health Nurse Practitioner
• D. Assign Case Manager or Social Worker for Defendants in Community Restoration
• E. Employ Psychiatrist and other Mental Health Professional to Assist with Network of Nurse Practitioners and Jurisdiction
• F. Procedures Upon Failure of Defendant to Follow Treatment Regimen for Restoration or Maintenance of Competency
• G. Involuntary Administration of Medication

• IX. COMPETENCY RESTORATION HEARING

• X. PLEA HEARINGS AND TRIALS

• XI. DISCHARGE OR CIVIL COMMITMENT HEARING

• XII. COMPETENCY COURT OR DOCKET

• XIII. EDUCATION
• A. Competency Education
• B. Cross-Discipline Education
• C. Continuity of Practitioners

• XIV. STATEWIDE, REGIONAL AND/OR JURISDICTIONAL, AND COURT COLLABORATION