Sec 13-4517. Incompetent defendants; disposition


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  • If the court finds that a defendant is incompetent to stand trial and that there is no substantial probability that the defendant will regain competency within twenty-one months after the date of the original finding of incompetency, any party may request that the court:

    1. Remand the defendant to the custody of the department of health services for the institution of civil commitment proceedings pursuant to title 36, chapter 5.

    2. Appoint a guardian pursuant to title 14, chapter 5.

    3. Release the defendant from custody and dismiss the charges against the defendant without prejudice.