16 chapters · 283 sections in this title.
D.C. Code § 24-531.01 Definitions
2.5K chars
For the purposes of this chapter, the term: (1) “Competence” means that a defendant has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding and has a rational, as well as a factual, understanding of the proceedings again…
D.C. Code § 24-531.02 Competence to proceed — Generally
1.9K chars
(a) A defendant shall not be tried, be sentenced, enter a guilty plea, or be subject to revocation of probation or a transfer proceeding if the court determines that the defendant is incompetent. (b)(1) Any proceeding to determine whether a defendant is incompetent shall not dela…
D.C. Code § 24-531.03 Competence examinations
5.2K chars
(a) At any time after the prosecutor moves for a transfer from the Family Court to the Criminal Division of the Superior Court or charges a criminal offense by complaint, information, or indictment, either party may request, or the court on its own may order, that the defendant b…
D.C. Code § 24-531.04 Initial competence determination
1.7K chars
(a)(1) A hearing to determine competence of a defendant shall be set: (A) No more than 30 days from the date the competence examination is ordered for a defendant who is detained or committed for an inpatient examination; and (B) No more than 45 days from the date the competence …
D.C. Code § 24-531.05 Competence treatment
3.2K chars
(a)(1) If the court makes a finding pursuant to § 24-531.04(c)(1)(B)(i), the court may order the defendant to participate in treatment for restoration of competence on an inpatient or outpatient basis. The court shall order treatment in the least restrictive setting consistent wi…
D.C. Code § 24-531.06 Court hearings during and after treatment
3.2K chars
(a) The Court shall hold a prompt hearing, with reasonable notice of such hearing given to the prosecuting attorney, the defendant, and the defendant’s attorney of record, and make a new finding as to the defendant’s competence when: (1) Any period of treatment ordered under § 24…
D.C. Code § 24-531.07 Extending treatment pending the completion of a civil commitment proceeding
3.2K chars
(a) Thirty days after the court has ordered extended treatment pursuant to § 24-531.06(c)(4), the court shall hold a status hearing to determine whether civil commitment proceedings have been initiated pursuant to § 21-541 or subchapter IV of Chapter 13 of Title 7. (1) If a petit…
D.C. Code § 24-531.08 Dismissal
1.3K chars
(a) If a defendant charged with any offense other than a crime of violence, as defined in § 23-1331(4), does not attain competence within 180 days of an order for treatment pursuant to § 24-531.05, the charge shall be dismissed without prejudice upon: (1) The completion of civil …
D.C. Code § 24-531.09 Involuntary medication
1.9K chars
(a) Except as set forth in subsection (b) of this section, a defendant who is ordered to submit to a competence examination under § 24-531.03, or a defendant who is determined after a hearing to be incompetent and is ordered by the court to undergo treatment pursuant to § 24-531.…
D.C. Code § 24-531.10 Statements made during the course of competence examination or treatment
0.9K chars
(a) Any statement that is obtained during a court-ordered examination, evaluation, or treatment, or any evidence resulting from that statement, is not admissible at any proceeding to determine a defendant’s guilt or innocence or to determine an appropriate sentence, except when t…
D.C. Code § 24-531.11 Tolling provisions
0.9K chars
In computing any time period in this chapter, the court shall exclude the following periods: (1) Any time in which the defendant is unable to participate in a preliminary screening examination, a full competence examination, or treatment to restore competence due to physical inca…
D.C. Code § 24-531.12 Independent experts
0.3K chars
At any time from the initial court appearance through the conclusion of the transfer proceeding or the criminal case, the Court may, upon request, authorize either the prosecutor or defense attorney, or both, to engage one or more independent experts to examine the defendant for …
D.C. Code § 24-531.13 General provisions
1.0K chars
(a) Nothing in this chapter shall preclude a person confined under the authority of this chapter from establishing his or her eligibility for release under the provisions of this chapter by a writ of habeas corpus. (b) The provisions of this chapter shall supersede in the Distric…