The legal system considers a defendant IST when the defendant, because of a mental
            illness or a developmental disability, is unable to understand their legal situation
            or assist in preparing for their defense. When a court determines that a defendant
            is IST, it also decides if mental health treatment will help restore the defendant’s
            competence. If so, the court commits the defendant to a mental health hospital or
            other setting to receive restorative treatment.
         
         Periodically, the court may order the beneficiary to undergo psychological reevaluation
            to determine the beneficiary’s competency to stand trial. If the treatment is successful
            and restores the defendant’s competence, they return to court to face criminal charges.
         
         If the mental health treatment is unsuccessful and the court declares the beneficiary
            unrestorable to competency, the court’s commitment order changes from criminal to
            civil or voluntary commitment. When this change occurs, the court generally drops
            the criminal charges against the IST beneficiary. The change from a criminal to a
            civil commitment does not affect the beneficiary’s suspension status. The beneficiary’s
            benefits remain in suspense regardless of the commitment status until the institution
            officially releases the beneficiary and the institution ceases to provide them with basic living needs.
         
         NOTE: A mental assessment called “competency to stand trial evaluation” focuses on how
            a person is mentally functioning at the time of the mental health examination. Another
            mental assessment called “NGRI sanity evaluation” examines a person’s mental condition
            at the time of the alleged crime.
         
         EXAMPLE 1:
         Joan suffered mental trauma while committing a crime. The police arrested Joan for
            a crime. Joan's attorney was concerned about Joan's mental state and petitioned the
            court to declare Joan IST because Joan was not able to help in Joan's defense. The
            judge ordered Joan to undergo psychological evaluation and treatment to determine
            if Joan was competent to stand trial. Joan’s evaluation determined that Joan was now
            capable of aiding in Joan's own defense. Joan's condition was temporary and the court
            found Joan was competent to stand trial. We will suspend Joan's benefits if the court
            convicts Joan in the criminal trial and confines Joan for more than 30 continuous
            days.
         
         EXAMPLE 2:
         Bob suffers from behavioral problems stemming from a brain injury. After committing
            a crime and undergoing psychological evaluation for competency to stand trial, the
            court declared Bob IST and ordered Bob confined to a mental health institution. Upon
            remaining confined in the mental institution for more than 30 continuous days, we
            suspended Bob’s Title II benefits effective the date the court declared Bob IST and
            confined to a mental institution.
         
         One year later, upon reevaluation, the mental health institution reported to the court
            that Bob was unrestorable to competency. At that point, the court changed the commitment
            order from criminal to civil. The court also dropped the criminal charges. However,
            Bob’s IST suspension remains in force.