If he does not have either of these abilities, it must be determined that his "incompetence" is caused by either a mental disability or developmental disability. The court will order a competency evaluation, and most likely, Holmes will be sent to the Colorado Mental Health Institute at Pueblo , the state mental health hospital, to undergo a competency evaluation. But wait, didn't I just write that being found incompetent is not a free pass? I have been asked numerous times if James Holmes will escape punishment if he is found incompetent. Every 90 days, psychologists will update the court on Holmes' progress in treatment.
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