Ok, here's the situation.

Perp is on probation for agg assault. Picks up new agg assault in addition to numerous "technical" violations. File motion to adjudicate. Defense says he's incompetent.

Agree to exam with our doc who agrees he's too nuts to stand trial. Hold off on indicting new case until he's made sane again. Goes to vernon, finally sent back supposedly competent.

By time we get hearing set after he gets back, defense says that is bonkers again and therefore needs new competency exam. Our doc says that if he was competent when he got back from vernon, he darn sure ain't no more.

So, we can't get an extension of the original order of commitment, since the head of the facility said he was competent when they sent him back??
But the court never actually has found him competent??
New commitment??
Commit defense counsel?

The man is dangerous, and I don't want to let him go, or mess up the underlying cases. So help.

Thanks

Let him have a new competency exam. Be sure to have the D atty make a motion or make a record as to the reasons for the new competency exam. If you are not comfortable with the opinion or the doc, then make a motion for your own, particularly if you suspect malingering.


If incompetent, recommit. If competent, have a hearing on the mrp and send off to tdcj.

I agree with Greg. One of the problems with sending folk to Vernon is to stay on top of their conclusion, i.e. that the def has been restored, as competency is sometimes an ephemeral thing especially if treatment in the jail has not been timely and aggressive. But, according to .084 you have 20 days to make a determination. Holding a hearing when your expert from Vernon is not present is difficult and they don't really like to travel as they are so short-staffed that then cannot reasonably travel around the state often. But if you permit another local exam and the def is again found incompetent you must proceed under Subchapter E (charges pending), the only difference being that medical certificates are necessary and the proceedings are subject to all the procedural niceties of the Health & Safety Code, to send the def back to Vernon.

Good luck.

The moral is, when you get the def back, work quickly!

But Floyd said it so much better than I did!

Important too to make sure that your jail isn't interfering with treatment by taking away the defendant's supply of good meds that Vernon sends with him and instead supplying the cheapest stuff the county can buy.

...remembering the old Dallas Co. Lews days JR?

Today is my one-year anniversary at the new gig.

Unfortunately, the problem happens throughout the state. Another problem is, instead of refilling the good meds they get from Vernon, they prescribe the cheap stuff once the good stuff is gone.

We had a fellow here in this situation, and judge ordered Sheriff to continue the identical meds after the Vernon meds ran out before we could hold our hearing.

We just had a guy who was in our jail for a significant time, pending a bed space. He was finally sent to Terrell, then once he was deemed competent, we issued the bench warrant immediately, and the deputies brought him straight to court from the hospital and we got him pled the same day. He still had to go to the jail to process the release, but there was no question about whether he'd relapsed in the interim - there was no "interim."

I don't know what would have happened if he had demanded a trial, but I fully expect that the judge would have expedited it. I think the key is to have your hearing date scheduled when the bench warrant is issued, so everyone knows to be ready to be in court when the person is picked up.

Excellent practice.