Initial Competency Hearing
This demonstration involves a hearing in which a client who has been in custody and an immunity agreement between prosecution and defense has been entered into. The judge will hear what the defendant has to say and can grant him or her an evaluation from the court.
Contested Competency Hearing
At this point, the purpose is to confirm whether or not the defendant is competent. It is vital to review all collateral resources, such as police reports, records, etc. The psychiatrist will see the client and complete any necessary paperwork. The defendant has the option to deny medication.
“Sell” or Involuntary Administration of Medications Hearing
Consider the medication’s impact on the client. The medicine should not hinder the client from attending the trial (physically, mentally, or emotionally). It is important to thoroughly evaluate at the client’s reaction to the medication in all three areas. Doctors need to properly conduct an assessment to determine whether medication is necessary or not. Ensure that doctors have fully reviewed the medical records and materials provided in charts.
Post-Restoration Competency Hearing
The prosecution and the defense will agree with the opinion rendered by a psychologist and psychiatrist. The psychiatrist will testify in regard to the defendant’s progress and/or status. The judge will then confirm if defendant is competent to proceed or not restored.