SAN DIEGO (AP) — A federal judge is set to determine whether the suspect in the Tucson shooting rampage that killed six people and wounded several others, including then-U.S. Rep. Gabrielle Giffords, should remain at a federal prison facility where officials are forcibly medicating him.

U.S. District Court Judge Larry Burns said in his court filing that he is inclined to extend the suspect’s stay after learning the chief federal psychologist of Jared Lee Loughner believes the 23-year-old is still not competent to stand trial.

He said that the psychologist noted, however, that his mental state has made “measurable progress” during the roughly six months he has been at the facility in Springfield, Mo., and she believes he will continue to improve.

Loughner has pleaded not guilty to 49 charges stemming from the Jan. 8, 2011, shooting in Tucson that killed six people and injured Giffords and 12 others. Giffords resigned from Congress last month to focus on her recovery after being shot in the head.

Loughner’s federal psychologist, Dr. Christina Pietz, believes he “still lacks an adequate understanding of the nature and consequences of the charges against him,” but given the fact he is making progress toward competency, the court is inclined to extend Loughner’s stay by another four months beyond Feb. 8 when he was originally expected to be released, Burns said in his filing.

Loughner has demonstrated bizarre behavior since his arrest. He was removed from a May 25 court hearing when he lowered his head to within inches of the courtroom table then lifted his head and began a loud and angry rant.