23A-10A-4.1. Recovery of defendant--Notice--Hearing--Discharge--Bail. If the director of the facility in which the defendant is being treated pursuant to § 23A-10A-4 determines that the defendant has recovered to such an extent that he is able to understand the nature and consequences of the proceedings against him and to assist properly in his defense, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The court shall send a copy of the certificate to the defendant's counsel and to the prosecuting attorney. The court shall hold a hearing, conducted pursuant to the provisions of § 23A-46-3, 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 he is capable of understanding the nature and consequences of the proceedings against him and to assist properly in his defense, the court shall order his immediate discharge from the facility in which he is hospitalized and shall set the date for trial. Upon discharge, the defendant is subject to the provisions of chapter 23A-43. If, after the hearing, the court does not find by a preponderance of the evidence that the defendant has recovered to such an extent that he is capable of understanding the nature and consequences of the proceedings against him and to assist properly in his defense, the court shall order him to again be placed in an approved facility for a term consistent with this section and §§ 23A-10A-14 and 23A-10A-15.
Source: SL 1985, ch 192, § 40; SL 1991, ch 199, § 6.
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