Public Defender’s Competency Enhancement Program Proposal for Orange County

Approximately 20% of all Americans have mental illness issues. When arrested, some cases cannot advance due to the question of client’s mental competency.

Mentally ill clients place a greater burden on the criminal justice system due to higher security and medical costs. Individuals with mental illness present a greater risk of becoming victims, of harming themselves or harming others.

Inmates with mental health issues may get lost in our judicial system. Judges cannot commit them without a competency determination and DCF cannot take them without available beds. Before this project began, many inmates were waiting 5 to 7 months in the Orange County jail for some action to be taken on their case.

Old Process Days in Orange County Jail Day 1 Arrested, booked Day Arraignment - Public Defender Appointed Day Attorney requests Court to order evaluation Day Evaluations are conducted Day Judge confirms or orders more evaluations Day Client on a wait list for State Hospital or other placement options Once competency is restored the case is returned

Our project now identifies individuals with misdemeanor and non-violent felony charges at time of arrest. With timely competency enhancement training, cases resolve more quickly and more positively, with cost benefits.

Improved CEP Process Arrested and identified at booking Referral to CEP Team begins working with client including a pre and post test with educational training in between Evaluation to confirm competency by an independent doctor Able to resolve charges

Our program has served 239 clients from February 2007 to February Most individuals have been found to be competent after their time in the program. Those cases are then able to be resolved. In addition, these individuals receive case planning for re-entry to the community.

In one year, we served 178 clients charged with felonies. Those individuals spent an average of 59 days in the program working on competency.

In one year, we served 61 individuals charged with misdemeanors. Those individuals spent and average of 76 days working on competency.

RESULTS: Instead of waiting months in the Orange County jail for action, our Competency Enhancement Project has restored competency or resolved the case in as little as 59 days, reducing costs to the county and community.

“Orange County could be the national model for communities to improve how jails treat inmates with mental illness, according to a new national report.” March 30, 2007

We Need Your Involvement State budget cuts have severely reduced our funding and positions, with additional, larger cuts proposed by the legislature. State budget cuts have severely reduced our funding and positions, with additional, larger cuts proposed by the legislature. To continue the Competency Enhancement Project we need replacement funding of $249,100 to cover staff salaries and operational expenses. To continue the Competency Enhancement Project we need replacement funding of $249,100 to cover staff salaries and operational expenses.