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Every American has the opportunity to defend themselves against criminal charges levied against them, but not every citizen has an equal ability or means to do so. Individuals who struggle with certain medical conditions, mental illnesses, or emotional disturbances might be considered incompetent to stand trial when they’re going through a crisis.
The Nevada Division of Public and Behavioral Health has a solution for this, which is helping connect accused suspects in need with the right resources to help them. The goal is for the suspect to become competent enough to understand what happened and stand trial.
To do so, incompetent individuals are typically recommended for competency restoration treatment by a judge. The individual receives treatment with the goal of restoring competency. If competency is restored in a timely manner, then the trial proceeds. If not, then the case might get dismissed. In some situations, a defendant could be committed for a longer time.
A recent Nevada Supreme Court ruling reveals the limitations of this system. The court ruled that a judge was right to dismiss recent criminal cases where state agencies failed to promptly connect suspects with the right competency restoration treatment providers. According to the state, there are significant treatment delays that are ongoing as a result of the demand far outpacing the state’s ability to provide care.
The Nevada Division of Public and Behavioral Health hopes some of the problems will be alleviated once improvements in jails and new state hospitals become available in 2029.
As it stands, anyone in need of competency restoration treatment who has been waiting for a significant amount of time in Las Vegas should consult with an attorney. It’s likely that the State’s Supreme Court ruling will lead to an increase in cases being thrown out due to treatment delays.
Currently, 178 defendants need treatment. The wait time for being treated typically takes about two months. On average, defendants receive treatment for around 99 days.
In the Supreme Court Case, the suspect was found incompetent in his criminal case as a result of his mental health status at the time of the original incident. The suspect had told police he “was not currently on his medications,” among other things during the original arrest. While he was ordered to receive competency restoration treatment but still had not received any after two months.
His public defender asked for the case to be dismissed, and the judge agreed after ordering the state agency to provide the treatment. The state wasn’t able to fulfill its obligations, so the judge dismissed the case.
Do you believe that case delays or treatment delays might have an impact on your criminal case? If so, then it’s a good idea to consult with a lawyer to identify your rights and options.
Are you ready to discuss your situation in more detail with a lawyer? Schedule a free case evaluation with our team now by leaving your contact details on our online form or calling us at (702) 623-6362.
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