8-291.10. Reports; hearings

A. The mental health expert who consults with the restoration program shall submit a written report to the court before any hearing that is held pursuant to this section. The clerk of the court shall seal and file the original report. The mental health expert shall provide a copy of the report to the defense attorney for redaction. Within twenty-four hours after receiving a copy of the report, the defense attorney shall provide copies of the redacted report to the state and the court. A report shall be filed as follows:

1. Every sixty days.

2. Whenever the mental health expert believes the juvenile is competent to proceed.

3. Whenever the mental health expert believes that there is no substantial probability that the juvenile will regain competency before the expiration of the order for participation in a competency restoration program.

4. Fourteen days before the expiration of the maximum term of the restoration order.

B. The report shall include the mental health expert's findings and the information required under section 8-291.07. If the report states that the juvenile remains incompetent, the report shall state the likelihood that the juvenile will regain competency, an estimated time period for the restoration of competency and recommendations for program modification, if necessary. If the report states that the juvenile has regained competency, the report shall state the effect, if any, of any limitations that are imposed by any medications used in the effort to restore the juvenile s competency.

C. The court may hold a hearing regarding a juvenile's progress toward competency on the request of the prosecutor, the defense attorney or the guardian ad litem.

D. Except as provided in subsection C of this section, the court shall hold a hearing to determine the juvenile s progress towards regaining competency as follows:

1. On the court s own motion.

2. On receipt of a report that is submitted by the restoration program pursuant to subsection A of this section.

3. Not less than three months before the juvenile s eighteenth birthday.

E. If at the hearing conducted pursuant to subsection D of this section the court finds that the juvenile has regained competency, the juvenile shall be returned to the juvenile court and the proceedings against the juvenile shall continue in juvenile court without delay.

F. If at a hearing based on a report that is filed pursuant to subsection A, paragraph 4 of this section the juvenile court finds that the juvenile has not been restored to competency but that the juvenile has made substantial progress toward restoration to competency, the court may extend the restoration program period for an additional sixty days for good cause if the court determines by clear and convincing evidence that further participation will lead to restoration to competency.

G. If at a hearing that is held pursuant to subsection D, paragraph 3 of this section the court finds that the juvenile is not restored to competency and is not restorable within the time left before the juvenile s eighteenth birthday, the court shall dismiss the charges with prejudice if the offense is a misdemeanor, may dismiss the charges with prejudice if the offense is not an offense listed in section 13-501, subsection A or B or shall dismiss the charges without prejudice if the offense is an offense listed in section 13-501, subsection A or B.

H. If at a hearing that is held pursuant to subsection C or subsection D, paragraph 1 or 2 of this section the court finds that the juvenile is incompetent to proceed and that there is not a substantial probability that the juvenile will regain competency within two hundred forty days after the date of the original finding of incompetency, the court shall dismiss the charges with prejudice and shall initiate civil commitment proceedings, if appropriate. The court shall order the guardian ad litem to proceed with a dependency investigation.