What happens to a defendant who has been found not competent to stand trial?

When a defendant has been ruled incompetent to stand trial by the court, criminal proceedings are then suspended.  Depending on the seriousness of the offense, several options are then available to the court.

If the offense is minor, the court may decide to dismiss the charges if the defendant will seek treatment in a civil setting as mandated by the court. If the crime is of a more serious nature, the defendant is often committed to the public mental health care system for treatment until such time as he/she may be brought to competence.  If competence is then achieved, the judicial process will resume.

If the defendant is unable to be brought to competence, then the court will rule on appropriate mental health placement.  In Jackson v. Indiana (1972), the United States Supreme Court held that a person with a criminal offense who is committed solely due to his incapacity to proceed to trial cannot be held more than a reasonable period of time necessary to determine whether there is a substantial probability that he will attain the capacity in the foreseeable future.  If it is determined that this is not the case, then the State must institute the customary civil commitment proceedings that normally would be required.