Competence to stand trial (CST) is raised when justice-involved individuals within the trial process exhibit signs or symptoms of conditions that can impair their ability to competently proceed. Within the Sequential Intercept Model, CST takes place within Intercepts 2 (Initial Detention/Initial Court Hearings) and 3 (Jails/Courts), after arraignment and before case adjudication and sentencing. When a defendant’s CST is raised, they are usually routed through forensic evaluations and systems. These defendants are rarely considered for diversion, despite having serious mental illness, intellectual and developmental disabilities, or other conditions that can affect their thinking and courtroom behavior.

The CST flowchart identifies decision points in the CST process where justice and behavioral health professionals can consider and create diversion opportunities for these defendants, making it a valuable resource for community-based organizations that assist justice-involved individuals. Intercepts 2 and 3 provide a wide range of options to divert individuals for whom CST is raised, who have been adjudicated incompetent to stand trial with the potential for restoration, or even for those adjudicated not restorable. Simple icons for each possible decision point denote possible outcomes and referable services for individuals for whom CST is raised.

This resource was first shared in 2019.

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