(4)9.2.4 Determination and Proceedings
(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.