North Carolina

Below are the key provisions of the state's competency statutes and court rules. It is important to note jurisdictions may have informal procedures in addition to the rules listed. The information provided is limited to what is contained in the written rules and statutes and does not include any case law or analysis of how these rules have been interpreted or applied. Users are encouraged to use this data as a starting point for understanding the competency processes in the state and how those processes compare to other states.

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Key Information

Relevant Statutes and Rules

N.C. Gen. Stat. § 15A-1001 et seq.

What proceedings can occur while the defendant is incompetent

"This section does not prevent the court from going forward with any motions which can be handled by counsel without the assistance of the defendant."

N.C. Gen. Stat. Ann. § 15A-1001(b)

Number of examiners required

1

N.C. Gen. Stat. Ann. § 15A-1002(b)(1a)

Qualifications of examiners

Impartial medical experts, including forensic evaluators approved under rules of the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services

N.C. Gen. Stat. Ann. § 15A-1002(b)(1a)

What must the evaluation report contain

None stated.

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

Inpatient if defendant meets involuntary civil commitment criteria.

N.C. Gen. Stat. Ann. § 15A-1003(a)

What is the test for restorability

When it appears to the satisfaction of the court that the defendant will not gain capacity to proceed.

N.C. Gen. Stat. Ann. § 15A-1008(a)(1)

What is the procedure after restoration

"When it has been reported to the court that a defendant has gained capacity to proceed, or when the defendant has been determined by the individual or institution having custody of him to have gained capacity and has been returned for trial, in accordance with G.S. 15A-1004(e) and G.S. 15A-1006, the clerk shall notify the district attorney. Upon receiving the notification, the district attorney shall calendar the matter for hearing at the next available term of court but no later than 30 days after receiving the notification."

N.C. Gen. Stat. Ann. § 15A-1007(a)

"If the court determines in a supplemental hearing that a defendant has gained the capacity to proceed, the case shall be calendared for trial at the earliest practicable time. Continuances that extend beyond 60 days after initial calendaring of the trial shall be granted only in extraordinary circumstances when necessary for the proper administration of justice, and the court shall issue a written order stating the grounds for granting the continuance."

N.C. Gen. Stat. Ann. § 15A-1007(d)

What is the procedure if there is a finding of unrestorability

Dismissal without prejudice.

N.C. Gen. Stat. Ann. § 15A-1008(c)

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

Dismissal without prejudice.

N.C. Gen. Stat. Ann. § 15A-1008(c)

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

Earliest of either circumstance: 
(1) Maximum term of confinement

OR

(2) 5 years from date of determination of incapacity to proceed for misdemeanors, 10 years for felonies.

N.C. Gen. Stat. Ann. § 15A-1008(a)

National Database

Additional state-level data can be found in our Competency Data Summary Spreadsheets and accompanying Competence Information Guide.

See the full data

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice. 

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