Article 56.
Incapacity to Proceed.
§ 15A-1001. (Effective until December 1, 2026) No proceedings when defendant mentally incapacitated; exception.
(a) No person may be tried, convicted, sentenced, or punished for a crime when by reason of mental illness or defect he is unable to understand the nature and object of the proceedings against him, to comprehend his own situation in reference to the proceedings, or to assist in his defense in a rational or reasonable manner. This condition is hereinafter referred to as "incapacity to proceed."
(b) This section does not prevent the court from going forward with any motions which can be handled by counsel without the assistance of the defendant. (1973, c. 1286, s. 1.)
§ 15A-1001. (Effective December 1, 2026) No proceedings when defendant mentally incapacitated; exception; State policy; capacity restoration services; immunity from liability.
(a) No person may be tried, convicted, sentenced, or punished for a crime when by reason of mental illness or defect he or she is unable to understand the nature and object of the proceedings against him or her, to comprehend his or her own situation in reference to the proceedings, or to assist in his or her defense in a rational or reasonable manner. This condition is hereinafter referred to as "incapacity to proceed."
(b) This section does not prevent the court from going forward with any motions which can be handled by counsel without the assistance of the defendant.
(c) It is State policy that persons found incapable to proceed should be provided with capacity restoration services whenever feasible and appropriate and that such services should be carried out in as efficient and timely a manner as possible in order to meet the ends of justice for victims, for the public, and for those persons who stand accused of crimes.
(d) Unless otherwise specified in this Article, capacity restoration services are directed toward a defendant gaining capacity to stand trial and may include any or all of the following, as applicable and based upon available resources:
(1) Educational instruction regarding the criminal justice system, to include assisting the defendant in understanding his or her role in the proceedings.
(2) Psychoeducational instruction regarding the nature of a defendant's diagnosed condition and the resources and coping skills necessary to mitigate capacity deficits caused by the condition.
(3) Except as prohibited by G.S. 15A-1010, other mental health treatment or counseling which is medically reasonable and appropriate.
(e) No individual, facility, agency, or entity, or officials, staff, and employees of these individuals and entities, responsible for the custody, transportation, examination, admission, management, supervision, instruction, treatment, or release of a defendant under this Article and who is not grossly negligent, is civilly liable, personally or otherwise, for actions or omissions arising from these responsibilities or for the actions or omissions of a defendant. This immunity is in addition to any other legal immunity from liability to which these individuals, facilities, agencies, or entities may be entitled and applies to actions performed in connection with, or arising out of, the custody, transportation, examination, commitment, admission, management, supervision, instruction, treatment, or release of any defendant pursuant to or under the authority of this Article or otherwise. (1973, c. 1286, s. 1; 2026-38, s. 13(b).)