15A-1001. No proceedings when defendant mentally incapacitated; exception. (a) No person may be tried, convicted, sentenced, or punished for a crime when by reason of mental illness or defect he is unable to understand the nature and object of the proceedings against him, to comprehend his own situation in reference to the proceedings, or to […]
15A-1002. Determination of incapacity to proceed; evidence; temporary commitment; temporary orders. (a) The question of the capacity of the defendant to proceed may be raised at any time on motion by the prosecutor, the defendant, the defense counsel, or the court. The motion shall detail the specific conduct that leads the moving party to question […]
15A-1003. Referral of incapable defendant for civil commitment proceedings. (a) When a defendant is found to be incapable of proceeding, the presiding judge, upon such additional hearing, if any, as he determines to be necessary, shall determine whether there are reasonable grounds to believe the defendant meets the criteria for involuntary commitment under Part 7 […]
15A-1004. Orders for safeguarding of defendant and return for trial. (a) When a defendant is found to be incapable of proceeding, the trial court must make appropriate orders to safeguard the defendant and to ensure his return for trial in the event that he subsequently becomes capable of proceeding. (b) If the defendant is not […]
15A-1005. Reporting to court with regard to defendants incapable of proceeding. The clerk of the court in which the criminal proceeding is pending must keep a docket of defendants who have been determined to be incapable of proceeding. The clerk must submit the docket to the senior resident superior court judge in his district at […]
15A-1006. Return of defendant for trial upon gaining capacity. If a defendant who has been determined to be incapable of proceeding, and who is in the custody of an institution or an individual, has been determined by the institution or individual having custody to have gained capacity to proceed, the individual or institution shall provide […]
15A-1007. Supplemental hearings. (a) When it has been reported to the court that a defendant has gained capacity to proceed, or when the defendant has been determined by the individual or institution having custody of him to have gained capacity and has been returned for trial, in accordance with G.S. 15A-1004(e) and G.S. 15A-1006, the […]
15A-1008. Dismissal of charges. (a) When a defendant lacks capacity to proceed, the court shall dismiss the charges upon the earliest of the following occurrences: (1) When it appears to the satisfaction of the court that the defendant will not gain capacity to proceed. (2) When as a result of incarceration, involuntary commitment to an […]
