A person cannot be tried or adjudged to punishment while that person is mentally incompetent.
A defendant is mentally incompetent if as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner.
If the judge concludes that there is reason to believe that the defendant is mentally disordered and as a result may be incompetent to stand trial, the judge has the defendant evaluated. When the defendant is returned to court after the evaluation, the judge then has sole discretion to proceed with criminal proceedings if the defendant is found competent.
If the defendant is found competent or if restored to competency after a finding of incompetency, the defendant is entitled to have bail set or release on an O.R. If the nnecessary to maintain competence and/or being in the jail environment would create a substantial risk of becoming incompetent once again.
Time spent as an inpatient is credited toward any sentence the patient-prisoner may receive.
