§ 15A-1006.  (Effective until December 1, 2026) Return of defendant for trial upon gaining capacity.

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.  (1973, c. 1286, s. 1; 2013-18, s. 3.)

§ 15A-1006.  (Effective December 1, 2026) Return of defendant for supplemental hearing and trial upon gaining capacity; discharge and return of defendant from involuntary commitment.

(a) When the clerk is notified that a defendant has likely gained capacity to proceed to trial, the clerk shall provide written notification to the district attorney and the defendant's attorney within 72 hours, and the matter shall proceed to a supplemental hearing pursuant to G.S. 15A-1007, if conducted, and trial upon the court's determination that the defendant has gained capacity to proceed. If the defendant is currently enrolled in any court-ordered capacity restoration program pursuant to G.S. 15A-1003(d), this requirement shall remain in effect pending the supplemental hearing.

(b) When a defendant who is charged with a violent crime, including a crime involving assault with a deadly weapon, has likely gained capacity to proceed while involuntarily committed, the clerk shall provide further written notification to the sheriff, who 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 orders of the court entered pursuant to G.S. 15A-1003. Any defendant held in custody under this subsection may be required to participate in capacity restoration services pending the supplemental hearing, if reasonably available.  (1973, c. 1286, s. 1; 2013-18, s. 3; 2026-38, s. 13(f).)