Wisconsin Competency Evaluations Tripled Since 2013

The state saw a surge in defendants found not competent to stand trial as demand for restoration services increased.

Updated on Sept. 30, 2026 in Criminal Justice

Wisconsin Competency Evaluations Tripled Since 2013

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Between 2013 and 2025, Wisconsin experienced a threefold increase in defendants deemed not competent to stand trial. The sharp rise in clinical findings has forced the state to expand alternative competency restoration programs to meet growing demand.

Why it matters

A persistent mental health crisis and a lack of community-based resources have led to the criminalization of individuals in crisis. This shift places significant pressure on the state justice system as cases must be suspended until restoration is achieved.

Competency evaluation orders more than doubled to over 2,500 annually by 2025, while treatment orders reached 900. Milwaukee County currently accounts for the largest share of these orders in the state.

The players

Wisconsin Department of Health Services

This state agency manages the competency restoration programs and clinical oversight for defendants deemed unfit to stand trial.

Milwaukee County

As the most populous region in Wisconsin, this county generates the highest volume of competency-related legal orders in the state.

The details

When defense attorneys suspect a client is incompetent, they request a psychiatric evaluation to determine if the defendant can understand the proceedings. To manage the resulting influx, the Department of Health Services now utilizes beds at non-traditional facilities and jail-based competency treatment to provide care.

The surge in evaluations and treatment orders occurred between 2013 and 2025.
Milwaukee County established a Mental Health Treatment Court in 2024.

Legal Context

The establishment of the 2024 Milwaukee County Mental Health Treatment Court reflects a broader systemic effort to manage the state's rising competency caseload. This approach follows a pattern of creating specialized dockets to address the intersection of criminal justice and untreated mental illness.

The increasing volume of competency cases may lead to longer wait times for psychiatric evaluations and court proceedings across the state. Residents might see heightened focus on mental health diversion programs as counties like Milwaukee attempt to mitigate the current backlog.

The takeaway

The sharp rise in competency findings underscores a systemic strain on both the justice and mental health sectors. Moving forward, the state's reliance on jail-based treatment highlights the ongoing struggle to provide community-based support for those navigating the legal system.