Competence to Stand Trial and Competence Restoration: The Basics
(8)
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Availability
On-Demand
Expires on Mar 07, 2026
Credit Offered
1 CME Credit
1 Psych CE Credit
1 SW CE Credit
1 COP Credit

All too often, individuals with serious mental illness are arrested. When they face criminal charges, it is not uncommon that their competence to stand trial may be raised. The idea that defendants must be competent to face their criminal charges is rooted in Constitutional Rights and supported by landmark legal cases. If these defendants are found incompetent to stand trial (IST), they may be ordered for "competence restoration."  Across the United States today, defendants found IST are waiting for restoration services-often in jails-- and yet there is frequently a misunderstanding about the purpose of restoration. This webinar will review the basics related to criminal processes pertaining to competence to stand trial and competence restoration. It will cover some of the case law and some of the current system dynamics at play across the country leading to waits for services. It will also give providers a better sense of what it means when individuals they are treating are in the competency and forensic system. 

Format

Enduring webinar 

Learning Objectives

  • Describe competence to stand trial and why it is important. 
  • Develop a pathway for individuals with SMI through the competence system and beyond. 
  • Review competence restoration services and associated system dynamics. 

Target Audience

Counselor, Nurse/Nurse Practitioner, Psychiatrist, Pharmacist, Physician (Non-Psychiatrist), Physician Assistant, Psychologist, Social Worker  

Instructional Level

Introductory, Intermediat 

Estimated Time to Complete

Estimated Duration: 1.0 hour 
Program Start Date: March 7, 2023
Program End Date: March 7, 2026

Ongoing Interdisciplinary Discussion Board

After completing the course, engage with colleagues in the mental health field through SMI Adviser's Webinar Roundtable Topics discussion board. This is an easy way to network and share ideas with other clinicians who participate in this webinar. Access through the discussion tab.

How to Earn Credit 

Participants who wish to earn AMA PRA Category 1 Credit™, CE credit for psychologists, CE credit for social workers, or a certificate of participation may do so by viewing the live presentation and completing the evaluation. Participants claiming CE credit for psychologists and those claiming CE credit for social workers, must have full attendance to claim credit. After evaluating the program, course participants will be provided with an opportunity to claim hours of participation and print an official CME certificate (physicians), CE certificate (psychologists), CE certificate (social workers) or certificate of participation (other disciplines) showing the event date and hours earned.

Continuing Education Credit

In support of improving patient care, the American Psychiatric Association is jointly accredited by the Accreditation Council for Continuing Medical Education (ACCME), the Accreditation Council for Pharmacy Education (ACPE), and the American Nurses Credentialing Center (ANCC), to provide continuing education for the healthcare team.

Physicians

The APA designates this live event for a maximum of 1.0 AMA PRA Category 1 Credits™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.

Psychologists

The APA designates this live event for a maximum of 1.0 psychology continuing education credits. Psychologists should claim only the credit commensurate with the extent of their participation in the activity.

Social Workers

The APA designates this live event for a maximum of 1.0 social work continuing education credits. Social workers should claim only the credit commensurate with the extent of their participation in the activity.

Continuing education requirements vary from state to state. Many state boards grant reciprocity with national accrediting organizations and other state boards. It is the responsibility of each professional to understand the requirements for license renewal or check with the state or national licensing board and/or professional organization to become more familiar with their policies for acceptable continuing education credit. Social workers and Psychologists should contact their regulatory board to determine course approval.

Planning Committee and Faculty Disclosures

The American Psychiatric Association adheres to the ACCME’s Standards for Integrity and Independence in Accredited Continuing Medical Education. Any individuals in a position to control the content of a CME activity — including faculty, planners, reviewers or others — are required to disclose all relevant financial relationships with ineligible entities (commercial interests). All relevant conflicts of interest have been mitigated prior to the commencement of the activity.

Faculty Disclosures

  • Debra A. Pinals, MD serves as the director of the Program in Psychiatry, Law, and Ethics and as a clinical professor of psychiatry at the University of Michigan Medical School. She is a clinical adjunct professor at the University of Michigan Law School. She also is the medical director of behavioral health and forensic programs for the Michigan Department of Health and Human Services. She is board certified in psychiatry and forensic psychiatry, and is a board certified in addiction medicine. From 2008 to 2016, she was the assistant commissioner of forensic services, and between 2012 and 2014, she was the interim state medical director for the Massachusetts Department of Mental Health. During her career she has been a clinical psychiatrist in community mental health, inpatient settings, forensic and correctional facilities, emergency rooms, and court clinics. Dr. Pinals has no financial relationships to disclose.

Planning Committee

  • Teri Brister, PhD, LPC, National Alliance on Mental Illness. Dr. Brister has no relevant financial relationships to disclose.  
  • Amy Cohen, PhD, American Psychiatric Association. Dr. Cohen has no relevant financial relationships to disclose. 
  • John Torous, MD, Beth Israel Deaconess Medical Center. Dr. Torous has no relevant financial relationships to disclose. 
  • Sherin Khan, LCSW, Thresholds. Ms. Khan has no relevant financial relationships to disclose. 

Accessibility for Participants with Disabilities

The American Psychiatric Association is committed to ensuring accessibility of its website to people with disabilities. If you have trouble accessing any of APA’s online resources, please contact us at 202-559-3900 for assistance.

Technical Requirements

This internet-based CME activity is best experienced using any of the following:

  • The latest and 2nd latest public versions of Google Chrome, Mozilla Firefox, or Safari
  • Internet Explorer 11+

This Web site requires that JavaScript and session cookies be enabled. Certain activities may require additional software to view multimedia, presentation, or printable versions of the content. These activities will be marked as such and will provide links to the required software. That software may be: Adobe Acrobat Reader, Microsoft PowerPoint, and Windows Media Player.

Optimal System Configuration:

  • Browser: Google Chrome (latest and 2nd latest version), Safari (latest and 2nd latest version), Internet Explorer 11.0+, Firefox (latest and 2nd latest version), or Microsoft Edge (latest and 2nd latest version)
  • Operating System: Windows versions 8.1+, Mac OS X 10.5 (Leopard) +, Android (latest and 2nd latest version), or iOS/iPad OS (latest and 2nd latest version)
  • Internet Connection: 1 Mbps or higher

Minimum Requirements:

  • Windows PC: Windows 8.1 or higher; 1 GB (for 32-bit)/2 GB (for 64-bit) or higher RAM; Microsoft DirectX 9 graphics device with WDDM driver; audio playback with speakers for programs with video content
  • Macintosh: Mac OS X 10.5 or higher with latest updates installed; Intel, PowerPC G5, or PowerPC G4 (867MHz or faster) processor; 512 MB or higher RAM; audio playback with speakers for programs with video content

For assistance: Contact educme@psych.org for questions about this activity | Contact smiadviserhelp@psych.org for technical assistance

Funding for SMI Adviser was made possible by Grant No. SM080818 from SAMHSA of the U.S. Department of Health and Human Services (HHS). The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement by, SAMHSA/HHS or the U.S. Government.
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