Define incompetent stand trial

Do not suspend benefits for the time that the court confines a beneficiary for a psychological examination to determine competency to stand trial. GN Skip to content. TN 34 GN What is IST. Suspension requirements. Beneficiaries affected. All Title II beneficiaries are affected. Rules for suspension.

Confinement date. Being found incompetent to stand trial means something very different than being found not to be criminally responsible due to insanity. A defendant who has been found incompetent to stand trial will be administered treatment for up to 15 months in order to attempt to make them competent to stand trial.

After a defendant is restored to competency, they will return to the court system to enter a plea, have a trial, or in some manner adjudicate their case. If a defendant is being treated for his or her inability to understand the nature and the object of the proceedings, they will likely go through training and education to try to teach them about the court proceedings, including their role as a defendant, and the role of the judge, the prosecutor, and the defense attorney.

The forensic center will work with them on education regarding the criminal process, and work through how they might evaluate a situation like a plea offer from the prosecuting attorney. If a defendant is being treated for his or her inability to assist in his or her defense in a rational manner, he or she may receive medication as well as therapy to treat their condition.

In many cases, a defendant who has been found incompetent to stand trial both cannot understand the nature and the object of the proceedings, and is unable to rationally assist in his or her defense.

In those cases, treatment is likely to include medication, therapy, and education. Treatment for defendants who are found incompetent to stand trial is most often on an inpatient basis, and defendants will not be free to come and go from the treating facility, whether that is the forensic center or another psychiatric hospital.

An individual who is competent can still be insane, but an individual who is incompetent cannot be insane. This is because insanity is an affirmative defense to a criminal charge, but incompetency is not.

Competency, or lack thereof, bars further proceedings. An individual who is determined to be incompetent to stand trial may never get to a trial to determine his guilt or innocence. The affirmative defense of insanity is presented at trial. Being found incompetent to stand trial is typically not grounds for a motion to dismiss.

The court is required to dismiss the charges upon the passage of 1, 2 or 5 years of continuing incompetency with no substantial probability of regaining competency. The specific criteria are set forth in Florida Rule of Criminal Procedure 3.