(a) At any time after the start of a prosecution for a criminal offense and prior to the sentencing of the defendant, or at any time after the commencement of probation or supervised release and prior to the completion of the sentence, the defendant, his attorney, or the Attorney General, may file a motion for a hearing to determine the mental competency of the defendant, or the court may order a competency hearing sua sponte.
(b) The court shall grant the motion, or shall order a hearing, if there is reasonable cause to believe that the defendant may presently be suffering from a mental health disorder rendering the defendant mentally incompetent to the extent that the defendant is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.
(c) At a hearing ordered by the court to determine the competency of the defendant the defendant must be represented by counsel and, if the defendant is financially unable to obtain representation, the court shall appoint counsel for the defendant.
(d) The defendant’s attorney may call witnesses to testify, present evidence, subpoena witnesses on the defendant’s behalf, and may confront and cross-examine witnesses who appear at the hearing.
(e) The burden is upon the Government to prove the defendant competent by a preponderance of the evidence.
(f) A finding by the court that the defendant is mentally competent to stand trial does not prejudice the defendant in raising an insanity as a defense to the offense charged and is not admissible as evidence in a trial for the offense charged.
(g) After the hearing, if the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental health disorder rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense, the court shall commit the defendant to the custody of the Department of Health/Division of Behavioral Health.
(h) Upon the court order the Department of Health/Division of Behavioral Health shall cause the hospitalization of the defendant for treatment in a suitable facility for the following:(1) A reasonable period not to exceed twelve months as is necessary to determine whether there is a probability that in the foreseeable future the defendant will attain the capacity to permit the proceedings to go forward or for an additional reasonable period of time whichever is earlier when:(A) The mental condition is so improved that trial may proceed if the court finds that there is a probability that within the additional period, the defendant will attain the capacity to permit the proceedings to go forward; or(B) The pending charges against the defendant are disposed of according to law.(2) If at the end of the period specified by the evaluation, it is determined that the defendant’s mental condition has not so improved as to permit the proceedings to go forward, the defendant is subject to civil commitment procedures pursuant to sections 1026 and 1039.
(1) A reasonable period not to exceed twelve months as is necessary to determine whether there is a probability that in the foreseeable future the defendant will attain the capacity to permit the proceedings to go forward or for an additional reasonable period of time whichever is earlier when:(A) The mental condition is so improved that trial may proceed if the court finds that there is a probability that within the additional period, the defendant will attain the capacity to permit the proceedings to go forward; or(B) The pending charges against the defendant are disposed of according to law.
(A) The mental condition is so improved that trial may proceed if the court finds that there is a probability that within the additional period, the defendant will attain the capacity to permit the proceedings to go forward; or
(B) The pending charges against the defendant are disposed of according to law.
(2) If at the end of the period specified by the evaluation, it is determined that the defendant’s mental condition has not so improved as to permit the proceedings to go forward, the defendant is subject to civil commitment procedures pursuant to sections 1026 and 1039.
(i) When the administrator of the facility in which a defendant is hospitalized determines that the defendant has recovered to such an extent that the defendant is able to understand the nature and consequences of the proceedings against him and to assist properly in his defense, the administrator shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment.
(j) The clerk shall send a copy of the certificate to the defendant’s counsel and to the Attorney General. The court shall hold a hearing, conducted pursuant to section 1031 to determine the competency of the defendant. If, after the hearing, the court finds by a preponderance of the evidence that the defendant has recovered to such an extent that the defendant is able to understand the nature and consequences of the proceedings against defendant and to assist properly in their defense, the court shall order the defendant’s immediate discharge from the facility in which the defendant is hospitalized and a hearing on their release, if incarcerated, must be held forthwith.