If you need to leave this site immediately, click or tap the Quick Exit. If you use a keyboard, use the Escape (Esc) button.
Restoration is a treatment provided by the Department of Social and Health Services (DSHS) with the goal of returning a defendant to competency so they can be prosecuted. Restoration periods typically are 45 or 90 days in length and are most often provided in an inpatient hospitalization setting. Less dangerous defendant may be eligible for outpatient restoration. During restoration, defendants can be provided antipsychotic medications, stable and drug free living conditions, education on the criminal justice system, and other services to get them stable and at a point where they are competent.
Follow the detailed process on the Competency Restoration Flowchart (112KB)
After a defendant´s competency has been restored, a defendant can be prosecuted. Once competent, the criminal proceedings will resume at the stage they left off prior to competency concerns being raised.
If the defendant´s competency is unrestorable, and the defendant is incompetent after several restoration periods, the defendant cannot be legally prosecuted, and the criminal case must be dismissed. The defendant will be sent to Western State Hospital for an involuntary civil commitment evaluation. This evaluation is 5 days in length. At the end of the evaluation, DSHS can petition a civil court to involuntarily commit a defendant. The length of time a defendant is committed varies and could potentially be long term. The Prosecuting Attorney’s Office will be notified prior to the defendant getting released from DSHS’s custody. On very serious cases, the prosecutors may refile charges if there has been a substantial change in the defendant´s condition.