Competency at Time of Trial and Sentencing

Competency at Time of Trial and Sentencing. (a) The standard for determining competency at trial and sentencing is whether the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and whether he has a rational as well as a factual understanding of the proceedings against him. (b) A person can neither be proceeded against nor sentenced after conviction while he is incompetent as defined in this section. Source: PL 8-37, § 5 (§ 6602).