Minnesota legislative auditor finds most defendants found incompetent stay in jail awaiting treatment
The Program Evaluation Division examined how county jails handle people with serious mental illness, including defendants whose competency was in question. It found a median of 50 days to determine competency, followed by a median of 20 more days for a civil commitment decision. Of the incompetent defendants it tracked, 63 percent were held in jail during the commitment wait, although state law generally bars jailing people at that stage unless a court finds it necessary for safety.
In most cases involving a defendant found incompetent, the commitment process stopped before treatment began: either nobody petitioned for commitment or the court declined, and the report said it was unclear whether those people received any mental health intervention. It also found that close to half of those in Anoka's restoration program for incompetent defendants did not need hospital-level care.
The auditor recommended a streamlined judicial process for immediate placement into competency treatment, county placement options to avoid jail stays during commitment proceedings, and restoration services in a range of settings rather than only high-security inpatient facilities.
Source: Mental Health Services in County Jails — Minnesota Office of the Legislative Auditor, by Office of the Legislative Auditor, Program Evaluation Division (project manager Joel Alter)
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