N.C. Gen. Stat. § 15A-1006
Return of defendant for trial upon gaining capacity
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
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.
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.
History
(1973, c. 1286, s. 1; 2013-18, s. 3.)
Effect of Amendments. - Session Laws 2013-18, s. 3, effective December 1, 2013, in the first sentence, substituted "individual, has been determined by the institution or individual having custody to have gained" for "individual, gains," and "shall provide written notification to the clerk" for "must notify the clerk"; divided the former second sentence into the present second and third sentences by substituting "shall provide written notification to the district attorney, the defendant's attorney, and the sheriff. The sheriff shall return" for "must notify the sheriff to return"; and in the third sentence, added "a supplemental hearing pursuant to G.S. 15A-1007, if conducted, and," and substituted "and hold the defendant for a supplemental hearing and trial" for "and to hold him for trial." For applicability, see Editor's note.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.