What do you do with those VERY low functioning defendants who are already receiving services from MHMR and whose competency is borderline? Are there some long term commitment facilities like CRTCs that will take them or is TDC the only alternative if they are found competent? Seems they are getting more plentiful.

Send them off to law school??

The absence of long-term community facilities is a serious problem. Following the emptying of state hospitals decades ago, the promise was to switch services to the community. We all know that didn't happen.

We regularly face the problem of finding a long term placement for such a person. There is no easy answer, just a constant search for a bed.

John is quite correct. There is no easy answer - and DSHS resources appear to be even less in the next binnenium. There was a change to 46B which applies to those persons not restored and for whom charges were not dismissed - regardless of whether likely to be restored in the foreseeable future. This change permits civil commitment under a 46B.103 rule - even for those not likely to be restored. Note that the standard of evidence is higher than for civil commitments generally, i.e. beyond a reasonble doubt, as those commitments are indefinite in length, albeit that now under 46B, time credits will apply (whereas under the old statute, that was not the case during these civil commitments), see 46B.0095, as amended.