Competent To Stand Trial
G.L. c. 123, § 15 — an examination when the court doubts competence, and up to twenty days' observation
Competency is a question about the present: whether the person can understand the proceedings and help with the defense now. The defendant's mental state at the time of the offense is a different question, which this page does not cover.
The examination. Whenever a court doubts whether a defendant is competent to stand trial, it may at any stage after indictment or complaint order an examination by one or more qualified physicians or psychologists, conducted where practicable at the courthouse or place of detention. The court instructs the examiner in the law for determining competence.
Observation. After the examination, if further observation is necessary, the court may order the person hospitalized for a period not to exceed twenty days for observation and further examination.
The same section also covers criminal responsibility, which is a different question. Restoration treatment, commitment after a finding of incompetence, how long a case can stay suspended, and the insanity defense are set out in other sections and are not on this page. Whether a particular person is competent is decided by a court on evidence, and is a question for a licensed Massachusetts attorney.
Sources for this section (1)
- G.L. c. 123, § 15 — Competence to stand trial or criminal responsibility; examination; period of observation; reports; hearing
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.