§ 15A-1004.  (Effective until December 1, 2026) Orders for safeguarding of defendant and return for trial.

(a) When a defendant is found to be incapable of proceeding, the trial court must make appropriate orders to safeguard the defendant and to ensure his return for trial in the event that he subsequently becomes capable of proceeding.

(b) If the defendant is not placed in the custody of a hospital or other institution in a proceeding for involuntary civil commitment, appropriate orders may include any of the procedures, orders, and conditions provided in Article 26 of this Chapter, Bail, specifically including the power to place the defendant in the custody of a designated person or organization agreeing to supervise him.

(c) If the defendant is placed in the custody of a hospital or other institution in a proceeding for involuntary civil commitment, the orders must provide for reporting to the clerk if the defendant is to be released from the custody of the hospital or institution. The original or supplemental orders may make provisions as in subsection (b) in the event that the defendant is released. The court shall also order that the defendant shall be examined to determine whether the defendant has the capacity to proceed prior to release from custody. A report of the examination shall be provided pursuant to G.S. 15A-1002. If the defendant was charged with a violent crime, including a crime involving assault with a deadly weapon, and that charge has not been dismissed, the order must require that if the defendant is to be released from the custody of the hospital or other institution, he is to be released only to the custody of a specified law enforcement agency. If the original or supplemental orders do not specify to whom the respondent shall be released, the hospital or other institution may release the defendant to whomever it thinks appropriate.

(d) If the defendant is placed in the custody of a hospital or institution pursuant to proceedings for involuntary civil commitment, or if the defendant is placed in the custody of another person pursuant to subsection (b), the orders of the trial court must require that the hospital, institution, or individual report the condition of the defendant to the clerk at the same times that reports on the condition of the defendant-respondent are required under Part 7 of Article 5 of Chapter 122C of the General Statutes, or more frequently if the court requires, and immediately if the defendant gains capacity to proceed. The order must also require the report to state the likelihood of the defendant's gaining capacity to proceed, to the extent that the hospital, institution, or individual is capable of making such a judgment.

(e) The orders must require and provide for the return of the defendant to stand trial in the event that he gains capacity to proceed, unless the charges have been dismissed pursuant to G.S. 15A-1008, and may also provide for the confinement or pretrial release of the defendant in that event.

(f) The orders of the court may be amended or supplemented from time to time as changed conditions require.  (1973, c. 1286, s. 1; 1975, c. 166, s. 20; 1983, c. 380, s. 2; c. 460, s. 2; 1985, c. 589, s. 11; 2013-18, s. 2.)

§ 15A-1004.  (Effective December 1, 2026) Examinations and reports required for defendants lacking capacity.

(a) When a defendant is enrolled in a capacity restoration program pursuant to G.S. 15A-1003(d), the court shall order the program to do all of the following:

(1) To report to the clerk on the condition of the defendant every 60 days following program entry, and immediately if the defendant gains capacity to proceed, and to include in its report a statement of the likelihood of the defendant's gaining capacity to proceed within the remaining time period of the defendant's enrollment or within a subsequent period of enrollment, if ordered.

(2) To report to the clerk immediately if at any time it appears the defendant is not a suitable candidate for capacity restoration services, requires capacity restoration in a different setting, or poses an unnecessary risk of danger to program personnel.

(b) When a defendant is found incapable to proceed and is placed in the custody or care of a hospital, institution, or provider through a proceeding for involuntary civil commitment, whether on an inpatient or outpatient basis, the trial court's orders shall include all of the following requirements of the hospital, institution, or provider:

(1) A requirement to report to the clerk whenever the defendant will not be involuntarily committed, is to be discharged or released from involuntary commitment, or upon a change in status from involuntary commitment on an inpatient basis to involuntary commitment on an outpatient basis.

(2) A requirement to determine, prior to the defendant's discharge or release from involuntary commitment, whether the defendant has the capacity to proceed to trial and to provide a report of examination in compliance with the reporting requirements under G.S. 15A-1002 to the extent that the hospital, institution, or individual is capable of making such a judgment.

(3) A requirement to report the condition of the defendant to the clerk at the same times that reports on the condition of the defendant-respondent are required under Part 7 of Article 5 of Chapter 122C of the General Statutes, or more frequently if the court requires, and immediately if the defendant gains capacity to proceed, and to include in the report a statement of the likelihood of the defendant's gaining capacity to proceed.

(4) If the defendant was charged with a violent crime, including a crime involving assault with a deadly weapon, a requirement that if the defendant is to be released from the custody or care of the hospital, institution, or provider, the defendant is to be released only to the custody of a specified law enforcement agency. If the original or supplemental orders do not specify to whom the respondent shall be released, the hospital, institution, or provider may release the defendant to whomever is determined appropriate.

(c) When a defendant found incapable to proceed is placed in the secure custody of a designated person or organization as a condition of release, the court shall require the supervising person or organization to report to the clerk immediately if it appears that the defendant has gained capacity to proceed. The court may also require a periodic report to the clerk from the supervising person or organization as to the condition of the defendant and the defendant's likelihood of gaining capacity to proceed, to the extent the person or organization is qualified to do so.  (1973, c. 1286, s. 1; 1975, c. 166, s. 20; 1983, c. 380, s. 2; c. 460, s. 2; 1985, c. 589, s. 11; 2013-18, s. 2; 2026-38, s. 13(e).)