As of 2025, 47 states have implemented involuntary outpatient restoration (OCR) for competency to stand trial, aimed at keeping individuals in the community rather than in jail for minor crimes. The U.S. District Court of Colorado ruled that criminal defendants with mental illnesses could not be held indefinitely without proper treatment. This led to legally binding settlements to ensure timely competency evaluations and restoration services. The process includes various steps for individuals declared incompetent, emphasizing humane treatment connects to mental health rather than criminal punishment.
As of 2025, 47 states have involuntary outpatient restoration for competency to stand trial (OCR). This serves as a vehicle to keep individuals in the community.
A lawsuit was brought in the U.S. District Court of Colorado on August 31, 2011, on behalf of criminal defendants with mental illnesses who had been held for months in Colorado jails awaiting placement in a competency restoration program.
The resulting settlement consent decrees have acted as legally binding accountability plans agreed to by all parties to resolve this litigation and take steps to fix the outlined issues.
Competency to stand trial is a legal standard defined by the US Supreme Court in Dusky v. the United States.
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