View source for (4)9.2.4 Determination and Proceedings

(a) <b>Hearing</b>.

* 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) <b>Ruling</b>.

* 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) <b>Restoration of Competency</b>.

* 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.