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Under Jackson v. Indiana, if a person has been held in a forensic facility awaiting a competency-to-stand-trial determination for over 3 ½ years, he must be released or transferred to a civil hospital if he meets civil commitment criteria.

June 17, 2017/by Michael L. Perlin, JD and Heather Ellis Cucolo

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Under Jackson v. Indiana, if a person has been held in a forensic facility awaiting a competency-to-stand-trial determination for over 3 ½ years, he must be released or transferred to a civil hospital if he meets civil commitment criteria.