South Carolina Competency-Defendant Not Competent, Not Likely to Restore and Ordering Probate Commitment Proceedings is a legal process that occurs when a defendant in a criminal case is declared mentally unfit to stand trial. This legal process is initiated when a court finds that a defendant is not competent to stand trial due to a mental disorder or mental retardation. The court then orders a competency evaluation to determine whether the defendant is likely to be restored to competency. If the court finds that the defendant is not likely to be restored to competency, the court may order for the defendant to undergo probate commitment proceedings. There are two types of South Carolina Competency-Defendant Not Competent, Not Likely to Restore and Ordering Probate Commitment Proceedings: involuntary commitment and voluntary commitment. Involuntary commitment is initiated when a court orders a defendant to be involuntarily committed to a psychiatric facility or other mental health facility for treatment and evaluation. Voluntary commitment is initiated when a defendant voluntarily agrees to go to a psychiatric facility for treatment and evaluation. In both cases, the court may order for the defendant to be committed on a long-term or short-term basis, depending on the severity of the mental disorder or mental retardation.