This study focuses on the lack of standardization of evaluations for incompetent to stand trial (IST) defendants. Standardized methods endorsed by the American Psychological as well as the American Psychiatric Associations offer guidelines for forensic psychologists engaged in IST evaluations. Although the guidelines are available, most often, they are not observed either by the court, the county, or the examiner.

A data set from Fresno County of approximately 100 defendants who were referred for PC1368 evaluations was reviewed to find out what percentage meets the currently accepted guidelines for forensic examiners in the field. An instrument was created using both McGarry (1973) and 8Grisso's (1986) competency questions. Data was collected at the Fresno County Public Defender's Office between July, 2008 and July, 2009.

The results show that Fresno County Superior Court's contracted examiners used standardized questions 38.3% of the time over the course of one year. Contracted examiners did not use standardized questions 62.10% of the time during the year investigated. Another result from the data revealed Fresno County's rate of declaring a defendant incompetent was more than two times the national average. Across the United States, the rate of declaring defendants incompetent annually is 20 to 30%, Fresno County's rate was 70.5% from July, 2008 to July, 2009.