Office of Program Policy Analysis and Government Accountability
Office of Program Policy Analysis and Government Accountability

Incompetent to Proceed Adjudications Increasing

Report 08-17, March 2008




Report Summary

  • 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.


Related Reports
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    Report 13-04 February 2013
  2. Substance Abuse and Mental Health Corporation Made Progress But Needs More Narrow Focus
    Report 06-21 March 2006
  3. Centralizing DCF Substance Abuse and Mental Health Programs Produced Benefits
    Report 06-12 February 2006
  4. The Substance Abuse and Mental Health Corporation Has Not Addressed Its Responsibilities Fully
    Report 05-17 March 2005
Copies of this report in print or alternate accessible format may be obtained by email OPPAGA@oppaga.fl.gov, telephone (850) 488-0021, or mail 111 W. Madison St., Room 312 Tallahassee, FL 32399-1475.
Copies of this report in print or alternate accessible format may be obtained by email OPPAGA@oppaga.fl.gov, telephone (850) 488-0021, or mail 111 W. Madison St., Room 312 Tallahassee, FL 32399-1475.
criminal justice, probation, Incompetent to Proceed; Incompetent to Stand Trial; Forensic Commitments; Forensic Facilities; Forensic Facility; Mentally Ill Defendants; Mentally Retarded Defendant Program; Competency Restoration Training, correctional education, corrections, GED, inmate education, inmate rehabilitation program, reentry, re-entry, state education agencies, vocational education, adult education, FEFP, workforce education, inmates, rehabilitative programs, correctional education, substance abuse, abuse treatment, post-release outcomes, recidivism, vocational education, therapeutic community, sex offender treatment, risk assessment, sexual disorder, adult basic education, inmate idleness, substance abuse, substance abuse treatment, drug abuse, alcohol abuse, prison treatment programs, residential therapeutic community, outpatient treatment, work release center, inmate idleness, prison planning, prison construction, fleet maintenance, correctional officer training, inmate e