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 written notification to the clerk in the county in which the criminal proceeding is pending. The clerk shall provide written notification to the district attorney, the defendant's attorney, and the sheriff. The sheriff shall return the defendant to the county for a supplemental hearing pursuant to G.S. 15A-1007, if conducted, and trial and hold the defendant for a supplemental hearing and trial, subject to the orders of the court entered pursuant to G.S. 15A-1004. (1973, c. 1286, s. 1; 2013-18, s. 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 15A - Criminal Procedure Act
Article 56 - Incapacity to Proceed.
§ 15A-1001 - No proceedings when defendant mentally incapacitated; exception.
§ 15A-1003 - Referral of incapable defendant for civil commitment proceedings.
§ 15A-1004 - Orders for safeguarding of defendant and return for trial.
§ 15A-1005 - Reporting to court with regard to defendants incapable of proceeding.
§ 15A-1006 - Return of defendant for trial upon gaining capacity.