A core tenet of the U.S. legal system is that an accused person must be competent to stand trial, which means a defendant can understand the charges against them and assist their lawyer in preparing a defense. In practice, defendants who need to be evaluated for competency often spend long periods in confinement because of a shortage of behavioral health services. When they are finally released, it's usually without ongoing care. 

On this episode, we spoke with three people who are involved in efforts to reform the process used to determine a defendant's mental competency: Indiana Supreme Court Chief Justice Loretta Rush and two Colorado legislators, Senator Judy Amabile, a Democrat, and Senator Byron Pelton, a Republican.

Chief Justice Rush explained the dimensions of the problem and discussed how a national task force on the issue developed. Policy recommendations. Senator Amabile, who has sponsored legislation on the issue talked about how Colorado ended up with a significant backlog of cases. Senator Pelton explained some of the unique challenges people in rural America face when dealing with behavioral health issues. 

Resources

• “Legislative Primer Series on Front-End Justice: Competency to Stand Trial,” NCSL
• “Juvenile Justice: States with Juvenile Competency Laws,” NCSL