(1) When a defendant charged with a misdemeanor is incompetent to proceed, a petition may be filed in the district court of the county where the charge is pending or where the defendant is confined.
(2) If the most severe charge against a defendant is a misdemeanor and the defendant is adjudicated by a court as incompetent to proceed: (a) the department shall provide restoration treatment to the defendant; and (b) the court may refer the defendant to pretrial diversion services, upon agreement of the prosecution and defense counsel.
(a) the department shall provide restoration treatment to the defendant; and
(b) the court may refer the defendant to pretrial diversion services, upon agreement of the prosecution and defense counsel.
(3) Unless the prosecutor indicates that civil commitment proceedings will be initiated under Subsection 77-15-6(5)(c), a court shall release a defendant who is incompetent to proceed if: (a) the most severe charge against the defendant is no more severe than a class B misdemeanor; (b) more than 60 days have passed after the day on which the court adjudicated the defendant incompetent to proceed; and (c) the defendant has not been restored to competency.
(a) the most severe charge against the defendant is no more severe than a class B misdemeanor;
(b) more than 60 days have passed after the day on which the court adjudicated the defendant incompetent to proceed; and
(c) the defendant has not been restored to competency.
(4) A court may dismiss the charges against a defendant who was released under Subsection (3).
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