Competency Basics
Is having a mental illness automatically the same thing as being incompetent to stand trial?
No. Someone can have a mental illness and still understand their court case and work with their lawyer.
Who makes the final decision about whether someone is competent to stand trial?
Who is the judge/court?
This is the main goal of competency restoration treatment.
To help the person develop the knowledge and skills needed to participate in their court case.
This system is the electronic medical record system for detention programs
What is a TechCare
I go to here to find out what appointments are happening today
What does it mean when someone is "competent" to stand trial?
the person understands enough about the court process and can work with their lawyer to participate in their case.
What does IST stand for?
Incompetent to Stand Trial?
What is an example of something staff might teach someone in competency restoration?
They might teach what a judge does, what a lawyer does, what a plea is, what a trial is, or what happens in court.
Using the appropriate identification number, you can see members' charges with this system
What is JIMs.
A client repeatedly says, "The judge is part of the police and is trying to sentence me." Staff should do what?
Name two categories of information a member needs to be able to understand to participate in their court case.
Roles of people in court, what are outcomes of court
The court may order a defendant to undergo this type of treatment when they are found incompetent and the court wants them to stand trial.
What is competency restoration treatment?
Why isn't simply memorizing legal information always enough?
Because the person needs to understand and use the information, not just repeat words they memorized.
This program allows the County to bill Medi-Cal funding, except detention...for now
What is ELMR.
do not give legal advice, inform them of their options.
what pleas are possible for a member to make?
Not guilty, guilty, no contest, guilty but mentally ill, Not guilty by reason of insanity
What's the difference between Competency and Responsibility?
Competency is if a person can participate now. Responsibility is about person's mental state and circumstances when the alleged crime occurred.
We're not psych doctors, so why do we worry about medication compliance?
Some programs require medication compliance; some concerns are best treated with a combination of medication and talk therapies.
What is TechCare and/or ELMR.
A member becomes quickly agitated when role playing a sentencing hearing, what do you do?
Deescalate the member, work to gain coping skills for anger, and proper court decorum.
Why can two people with the same mental-health diagnosis have different levels of competency?
Because a diagnosis doesn't tell much, same diagnosis can have very different abilities/presentations
Why can't a mental-health professional simply tell the judge, "This person is guilty"?
Because determining guilt or innocence is the court's job. Mental-health professionals provide information and professional opinions within their role
Why do I need to document if a person knows what a court reporter is?
Because the person may have abnormal thoughts about any role within the court, and needs a baseline statement.
I need to see what a member's current acuity level is for a correctional setting, where do I look?
TechCare flag, JIMs housing reports.
A member exposes themselves to you when in session, what do you do?
Inform them of their inappropriate behavior and their need to cover or the session will be terminated. Turn off camera, inform supervisor of incident.