Pennsylvania Supreme Court lets judges dismiss charges against defendants who will never be competent
Spotlight PA and the Pittsburgh Institute for Nonprofit Journalism reported that the Pennsylvania Supreme Court's ruling in Commonwealth v. Jquan Humphrey, decided in September 2022, ended a long-standing reading of the 1976 Mental Health Procedures Act under which charges against a permanently incompetent defendant could not be dropped over the prosecutor's objection. The court overruled a 1988 Superior Court decision, with two justices dissenting.
The case involved a man imprisoned since age 16 who faced new charges for throwing urine and spitting at guards; a trial judge found him incompetent and dismissed the charges, the Superior Court reinstated them, and the Supreme Court sent the matter back. A Defender Association of Philadelphia attorney said the ruling restores needed judicial discretion.
The article stresses that a gap remains: Torrance and Norristown, the only state hospitals providing restoration, do not accept people already serving state prison sentences, the Department of Human Services said the law gives no commitment procedure for them, and the state does not track how many people are affected.
Source: Judges in Pa. can now dismiss charges against people ‘incompetent’ to stand trial, but flaws remain — Spotlight PA, by Danielle Ohl of Spotlight PA and Brittany Hailer of the Pittsburgh Institute for Nonprofit Journalism
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