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Office of Program Policy Analysis and Government Accountability

Incompetent to Proceed Adjudications Increasing, Report No. 08-17, March 2008
Full report in PDF format

  • Persons deemed incompetent to proceed must undergo competency restoration training before they can stand trial for criminal charges.  Defendants who are deemed a danger to themselves or others are served in secure forensic facilities, while others receive competency restoration training in the community under conditional release.  The estimated cost to restore competency in community settings is lower than that of forensic facilities.
  • The number of defendants with mental illness adjudicated incompetent to proceed is estimated to have doubled over the last four fiscal years.  This increase is due, in part, to an increase in felony arrests and felony filings, as well as greater numbers of persons with mental illness coming into contact with the criminal justice system.

Which Government Program Summaries contain related information?

Mental Health Services
Agency for Persons with Disabilities
Circuit Courts

What other OPPAGA-related materials are available?

  • Report No. 13-04 Juvenile and Adult Incompetent to Proceed Cases and Costs,published in February 2013.
  • Report No. 06-21 Substance Abuse and Mental Health Corporation Made Progress But Needs More Narrow Focus, published in March 2006.
  • Report No. 06-12 Centralizing DCF Substance Abuse and Mental Health Programs Produced Benefits, published in February 2006.
  • Report No. 05-17 OPPAGA Report: The Substance Abuse and Mental Health Corporation Has Not Addressed Its Responsibilities Fully, published in March 2005.
  • Report No. 05-07 Centralizing DCF Substance Abuse and Mental Health Programs Provides Benefits But Also Challenge, published in February 2005.
  • Report No. 02-46 Progress Report: Mental Health Institutions Program Acted on Three OPPAGA Recommendations, published in September 2002.
  • Report No. 00-13 Justification Review: Mental Health Institutions Program Florida Department of Children and Families, published in October 2000.

Copies of this report in print or alternate accessible format may be obtained by telephone (850/488-0021), by FAX (850/487-9213), in person, or by mail (OPPAGA Report Production, Claude Pepper Building, Room 312, 111 W. Madison St., Tallahassee, FL 32399-1475).
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