We are dealing with a defendant who doctors here declared her incompetent and in need of medication, but when she went to N. Texas they decided that forced medication was not needed and they are returning her to us now competent (with nothing more than "observation" to have made her competent).

any ideas for alternatives? the defendant's diagnosis is delusional disorder, paranoid type, and she frequently makes threats which are scarier because of her mental health issues. so far, the mental health system has been very frustrating.

The bottom line is pithy: Send her back (to Vernon), with the following proviso. In order to do that under 46B you will need to have another competency examination wherein the defendant is found not competent (and provided you do not intend to drop the charges because of the severity thereof, or potential threat to the community) follow the requirements of the H&S Code viz. two medical certificates, and a formal hearing with findings consistent with 574.034 or .035 -- Tx Crim. P. 46B.084 provides the procedural determinations, i.e. if she is again found not competent you proceed under Subchapter E (basically 46B.101ff).

Document the defendant's behavior in the jail setting which justifies the continued finding of incompetence and have a heart-to-heart converation with VSH. I have a name to give you backchannel.

But if the data is there - and it is documented -don't give up. To be sure, at the local level defendants often appear more disturbed than they appear under the 24 hr. scrutiny of Vernon. But, sometimes mistakes are made. None of us is perfect. (And those who know me, know that to be a fact.)