05/28/2026
Defendants found incompetent can spend up to four times longer in detention than similarly situated competent defendants—often before any conviction.
For this reason and more, courts across the country are reexamining competency to stand trial practices. Our webinar series, "Competency & restoration reimagined: From practice to possibility," explores how courts can improve timeliness, fairness, and outcomes.
Here is what courts need to know:
🧭 Start with the legal foundation
Competency to stand trial is a present-tense legal standard—not a clinical diagnosis. Understanding current laws, issues, and litigation is essential.
⚖️ Improve processes to reduce delays
Clear referral practices, standardized evaluations, and stronger case management can reduce bottlenecks. Strategies like outpatient-first approaches and competency dockets are showing results.
🔄 Consider alternatives to traditional pathways
Competency may not be restorable for all individuals. Diversion and other “off-ramp” options can connect people to treatment while reducing strain on the system.
📊 Use data and oversight to drive change
Data, judicial oversight, and standardized practices can significantly improve timeliness and consistency.
Courts are facing growing competency backlogs with real legal, financial, and human impacts. There is an opportunity to rethink how these systems operate—from practice to possibility.
➡️ Watch the webinar series to explore solutions for your court.
This article explores current competency laws, system bottlenecks, and emerging practices that support timely, fair, and effective outcomes to assist courts, justice partners, and policymakers.