from San Diego City Beat article, August 27, 2014
LOST in the system
http://npaper-wehaa.com/sdcitybeat/2011/04/26#2014/08/27/?article=2316000
"People are committed to state hospitals for a number of reasonstheyve been found guilty by reason of insanity or, like Mike, theyve been deemed mentally disordered offenders, meaning that although theyve served their sentence, theyre considered a threat to public safety and are kept at a state hospital until evaluators clear them for release.
Folks are declared incompetent to stand trial (IST) when their mental illness has rendered them incapable of assisting in their own defense. Its this population thats putting the most strain on the state hospital system."
"In 2012, the states Legislative Analysts Office (LAO) called attention to the backlog of IST
inmates, warning that the state faces significant legal risks if something wasnt done to reduce wait times. The report referenced a 2010 appeals-court ruling in the case of a mentally ill man who waited in jail for 84 days before being sent to Patton. California law requires state hospitals to report on an IST patients progress within 90 days of a person being deemed incompetent, the ruling notes."
When a defendant arrives at Patton on day 84 of the 90-day period, there is no meaningful opportunity for the defendant to make progress toward recovery of mental competence, the judges wrote, let alone for the medical director of the hospital to make a written report to the court concerning such progress by the defendant.
"Sometimes declaring someone IST is the only way to get that person treated. Defense attorneys are increasingly using competency proceedings to get help for clients, many of whom have cycled through the criminal justice system without any intervention."