In Jackson v. Indiana, 406 US 715 (1972) in the context of a criminal prosecution where the defendant was found incompetent to stand trial and under Indiana law to be detained until "sane," the Supreme Court held that the defendant could only be detained as long as continued commitment could be justified by progress toward the goal of rendering the defendant competent to stand trial through treatment. The Court held that: "At the least, due process requires that the nature and duration of commitment bear some reasonable relation to the purpose for which the individual is committed." (Id. at 738.) The United States Supreme Court held "a person charged by a State with a criminal offense who is committed solely on account of his incapacity to proceed to trial cannot be held more than the reasonable period of time necessary to determine whether there is a substantial probability that he will attain that capacity in the foreseeable future. If it is determined that this is not the case, then the State must either institute the customary civil commitment proceeding that would be required to commit indefinitely any other citizen, or release the defendant. Furthermore, even if it is determined that the defendant probably soon will be able to stand trial, his continued commitment must be justified by progress toward that goal." The Court held that, as a matter of due process, "a person charged by a State with a criminal offense who is committed solely on account of his incapacity to proceed to trial cannot be held more than the reasonable period of time necessary to determine whether there is a substantial probability that he will attain that capacity in the foreseeable future." (Id. at p. 738.) The court, however, cautioned: "In light of differing state facilities and procedures and a lack of evidence in this record, we do not think it appropriate for us to attempt to prescribe arbitrary time limits. We note, however, that petitioner Jackson has now been confined for three and one-half years on a record that sufficiently establishes the lack of a substantial probability that he will ever be able to participate fully in a trial." (Id. at pp. 738-739.) The Court also held that indefinite commitment of a criminal defendant due to incompetency to stand trial violates equal protection and due process. 406 U.S. at 730-31. The Court did not prescribe a specific time limit on restoration efforts by the criminal court or require dismissal of the charges. Id. at 738. Instead, the Supreme Court held that when an incompetent defendant cannot attain competency in a reasonable time, "the State must either institute the customary civil commitment proceeding that would be required to commit indefinitely any other citizen, or release the defendant." Id.