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
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.