Agency:
Scheme Nickname:
Mental Competency Proceedings
This scheme covers the proceedings used to determine a prisoner/parolee's mental competency, if reasonable doubt of mental competency exists preceding a scheduled parole-related hearing. If the mental competency hearing results in a finding that the prisoner/parolee is competent, the previously scheduled hearing will proceed as planned. If the hearing results in a determination that the prisoner/parolee is not mentally competent, the previously scheduled hearing will be temporarily postponed and the record and findings of the mental competency hearing will be forwarded to the Regional Commissioner for review. There is no provision for administrative or judicial review for this adjudication scheme. 28 CFR 2.8.
Types of Adjudication:
Type B
Resources & Articles:
Rules & Procedures Manual: http://www.justice.gov/uspc/documents/uspc-manual111507.pdf
Verified by Agency:
Not verified
Is this a Major Adjudication:
Yes