State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1007

§15A‑1007.  Supplemental hearings.

(a)        When it has beenreported to the court that a defendant has gained capacity to proceed, or whenthe defendant has been determined by the individual or institution havingcustody of him to have gained capacity and has been returned for trial, thecourt may hold a supplemental hearing to determine whether the defendant hascapacity to proceed. The court may take any action at the supplemental hearingthat it could have taken at an original hearing to determine the capacity ofthe defendant to proceed.

(b)        The court may holda supplemental hearing any time upon its own determination that a hearing isappropriate or necessary to inquire into the condition of the defendant.

(c)        The court must holda supplemental hearing if it appears that any of the conditions for dismissalof the charges have been met. (1973, c. 1286, s. 1.)