State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1004

§15A‑1004.  Orders for safeguarding of defendant and return for trial.

(a)        When a defendant isfound to be incapable of proceeding, the trial court must make appropriateorders to safeguard the defendant and to ensure his return for trial in theevent that he subsequently becomes capable of proceeding.

(b)        If the defendant isnot placed in the custody of a hospital or  other institution in a proceedingfor involuntary civil commitment, appropriate orders may include any of theprocedures, orders, and conditions provided in Article 26 of this Chapter,Bail, specifically  including the power to place the defendant in the custodyof a designated person or organization agreeing to supervise him.

(c)        If the defendant isplaced in the custody of a hospital or other institution in a proceeding forinvoluntary civil commitment, the orders must provide for reporting to theclerk if the defendant is to be released from the custody of the hospital orinstitution. The original or supplemental orders may make provisions as insubsection (b) in the event that the defendant is released. If the defendantwas charged with a violent crime, including a crime involving assault with adeadly weapon, and that charge has not been dismissed, the order must requirethat if the defendant is to be released from the custody of the hospital orother institution, he is to be released only to the custody of a specified lawenforcement agency. If the original or supplemental orders do not specify towhom the respondent shall be released, the hospital or other institution mayrelease the defendant to whomever it thinks appropriate.

(d)        If the defendant isplaced in the custody of a hospital or institution pursuant to proceedings forinvoluntary civil commitment, or if the defendant is placed in the custody ofanother person pursuant to subsection (b), the orders of the trial court mustrequire that the hospital, institution, or individual report the condition ofthe defendant to the clerk at the same times that reports on the condition ofthe defendant‑respondent are required under Part 7 of Article 5 ofChapter 122C of the General Statutes, or more frequently if the court requires,and immediately if the defendant gains capacity to proceed. The order must alsorequire the report to state the likelihood of the defendant's gaining capacityto proceed, to the extent that the hospital, institution, or individual iscapable of making such a judgment.

(e)        The orders mustrequire and provide for the return of the defendant to stand trial in the eventthat he gains capacity to proceed, unless the charges have been dismissedpursuant to G.S. 15A‑ 1008, and may also provide for the confinement orpretrial release of the defendant in that event.

(f)         The orders of thecourt may be amended or supplemented from time to time as changed conditionsrequire. (1973, c. 1286, s. 1; 1975, c. 166, s. 20; 1983, c.380, s. 2; c. 460, s. 2; 1985, c. 589, s. 11.)