If a court releases a defendant on bail after a motion for competency, does not require any court supervision or treatment, then
Six months later, while the defendant is not in custody and not present at his Competency Hearing(at direction of his court appointed counsel), finds the defendant incompetent to proceed and enters an order committing the defendant.
The court takes no other action, allows court appointed counsel to withdraw, permits the continued release of the defendant without supervision. Years pass.
What is wrong with this scenario?
