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Massachusetts Court Weighs In on Process Before Involuntarily Committing Defendant for Competency Determination

“The court provided guidance that where a person has had an initial clinical evaluation for competency at court, the commonwealth has the burden to prove by clear and convincing evidence that hospitalization is the least restrictive alternative to adequately determine the defendant’s competency to stand trial. Now, prosecutors across the state have clear guidance and judges have clarity that they must make clear findings to support those temporary hospitalizations.” Norfolk District Attorney’s Office spokesman David Traub said.

       

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