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>>So, if he can’t be tried, then where does he go?

AI Overview

If a person is determined to be unable to participate in their defense for a murder charge in North Carolina, their criminal proceedings are halted. The court will order an evaluation to determine their “capacity to proceed” (or competency). If they are found to lack this capacity due to mental illness or defect, the court may order them to receive treatment to restore their ability to understand the charges and assist in their defense. If treatment is successful, the criminal proceedings may resume. If the defendant is found to lack capacity and is also determined to be dangerous, the court may initiate involuntary civil commitment proceedings to a state mental health facility.

What Happens When Capacity is Lacking

Evaluation: The court must conduct a hearing to determine if the defendant has the capacity to proceed with their trial. This often involves a court-ordered evaluation by a mental health professional.

Purpose of Evaluation: The evaluation determines if the defendant’s mental condition prevents them from understanding the charges against them or assisting their own attorney.

Potential Outcomes:

Treatment: If the defendant is found to lack capacity, but there is a reasonable chance their condition can be restored, they may be ordered to receive treatment to improve their mental state.

Restoration of Capacity: If treatment is successful, the defendant may regain their capacity, and the criminal proceedings can resume.

Civil Commitment: If the defendant is found to lack capacity and is also dangerous to themselves or others, the court may institute involuntary civil commitment proceedings to a state mental health facility under Chapter 122C of the General Statutes.

Other Court Orders: Other dispositions can be imposed, such as orders to ensure the defendant’s return for trial if their capacity is restored or to conduct periodic supplemental hearings on their capacity.