(4)9.2.4 Determination and Proceedings

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(a) Hearing.

  • The court shall hold a hearing to consider evidence and expert reports regarding competency.
  • The defendant shall have the right to counsel, to present evidence, and to cross-examine witnesses.

(b) Ruling.

  • If the court finds the defendant competent, proceedings continue as scheduled.
  • If the court finds the defendant incompetent, the court shall suspend proceedings and order appropriate treatment or interventions to restore competency.

(c) Restoration of Competency.

  • The court shall periodically review the defendant’s status and may resume proceedings once competency is restored.
  • Restoration efforts may include treatment, therapy, medication, or educational interventions, as appropriate.