State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1006

§15A‑1006.  Return of defendant for trial upon gaining capacity.

If a defendant who has beendetermined to be incapable of proceeding, and who is in the custody of aninstitution or an individual, gains capacity to proceed, the individual orinstitution must notify the clerk in the county in which the criminalproceeding is pending. The clerk must notify the sheriff to return thedefendant to the county for trial, and to hold him for trial, subject to theorders of the court entered pursuant to G.S. 15A‑1004. (1973,c. 1286, s. 1.)