Hays County moves toward jail-based competency restoration program

AUSTIN (KXAN) — The Hays County Commissioners Court began the process of approving a jail-based competency restoration (JBCR) program Tuesday, according to a statement from the county.

The program is expected to “provide therapy and treatment to help incompetent defendants understand the judicial system to assist their attorneys effectively in their own defense.”

Defendants deemed incompetent typically remain in the county's jail until Texas’ mental hospitals can accommodate and treat them, which could last more than a year.

“The county is responsible for the payment of these lengthy jail placements. This interminable delay in providing restoration treatment, in part, creates the issues the county must address through a JBCR program,” the county said in a statement.

JBCR is expected to remove the expenses related to the long waits. The defendants may also be “restored to competency within a reasonable time.”

“What we’re dealing with are people who have maybe committed an act as a symptom of mental illness, yet because of the lack of statewide resources, we do need to be able to release people from jail to receive treatment,” Hays County District Attorney Kelly Higgins said Tuesday. “I want to dignify these defendant’s liberty interests.”

However, the county said not everyone is pleased with the premise of the program.

“While some members of the public expressed concerns about the program, details regarding services and oversight will be addressed at a later date,” the county said.