The term “restoration” can be confusing to anyone who isn’t versed in this aspect of the law, as it implies a person’s ability to become well. However, in the case of individuals found incompetent to stand trial (IST), it has a more specific meaning: helping them gain the tools they need to understand the proceedings against them and act accordingly. By contrast, standard mental health treatment for those with serious mental illness encompasses the gamut of treatment types and supports that can help these individuals gain stability internally and externally, such as medication, social supports, therapy, and maintaining a treatment routine in the community.
[Related: What does it mean to be “incompetent to stand trial”?]
Forensic psychologists and IST experts Daniel Murrie, PhD, of the University of Virginia’s Institute of Law, Psychiatry, and Public Policy, and Neil Gowensmith, PhD, of the University of Denver’s Graduate School of Professional Psychology, have identified other basic differences between restoration and standard treatment:
Restoration: It’s short term, involuntary, and has the singular focus of returning the person to court. It is provided by a smaller number of state-qualified providers than standard treatment, is subject to time limits imposed by the court, and most often occurs in state hospitals, though it can also take place in jails or in community programs. It is typically not confidential nor is it covered by insurance.
Standard mental health treatment: It’s longer term, voluntary, has several different areas of potential focus and specialization, is confidential, and can be reimbursed by insurance. It can be provided by a wide variety of specialized providers, is often holistic in nature, has no time limits, and occurs more often in the community.
[Related: Standing tall: A new stage for incompetency cases]
