In 2001, 2006, and 2008 the court held hearings about the mental state of Banks in order to determine if he could be executed. He exhibited delusional behavior that caused the court to rule him incompetent for execution. During this period, various appeals were being heard by state and federal courts. In 2010, another hearing was held on his competency; his attorney said his mental state had deteriorated significantly since 1982. Judge Joseph M. Augello ruled that Banks was mentally incompetent for execution or to assist his attorneys in seeking clemency. He would continue to be held in a restricted housing unit at Graterford prison. As of September 2017 he was still on death row in Pennsylvania. He was later transferred to SCI-Phoenix in May 2018.