Superior Court >Probate And Mental Health

Full Rule 11 Evaluations and Court Process The Forensics Services Division of the Superior Court receives criminal cases which have defendants who may need to be evaluated for competency. The Court will order that two doctors will conduct a psychological evaluation of the defendant. The doctors will determine whether the defendant is competent to be adjudicated.
  • If the defendant is found competent, he/she is remanded back to the trial court for adjudication
  • If the defendant is in-custody and found to be incompetent and restorable, he/she is sent to Correctional Health Services Restoration to Competency (RTC) program to receive treatment. Once the defendant is restored to competency, he/she is remanded back to the trial court to be adjudicated.
  • If the defendant is out-of-custody and found to be incompetent and restorable, he/she is ordered to participate in an Outpatient Treatment Program which will be monitored by a contracted psychiatrist and/or psychologist. Once the defendant is restored to competency, he/she is remanded back to the trial court to be adjudicated.

In the event that a defendant (in-custody OR out-of-custody) is still considered as incompetent yet not restorable within the statutory time limits, he/she may meet the criteria for civil commitment. The County Attorney's office has 24-48 hours to file a civil commitment petition. The Defendant is transported to Desert Vista Behavioral Health Center for evaluation and treatment. The criminal charges are dismissed upon the defendant arriving at Desert Vista either by MCSO transporting from jail or by self surrender.

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