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Finding Of Present Lack Of Competence To Stand Trial SCCA 221b - South Carolina

Finding Of Present Lack Of Competence To Stand Trial Form. This is a South Carolina form and can be used in Court Of General Sessions Statewide .
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General Sessions Order following Blair Hearing on Defendant's Competency To Stand Trial Finding Defendant Not Competent, but Likely to Become Competent §44-23-430(3) STATE OF SOUTH CAROLINA COUNTY OF ________________ The State of South Carolina, vs. ___________________________ Defendant. ) IN THE COURT OF GENERAL SESSIONS ) Indictment No(s): ______________________ ) A/Warrant No(s): ______________________ ) ) FINDING OF PRESENT LACK OF ) COMPETENCE TO STAND TRIAL ) BUT LIKELY TO BECOME COMPETENT ) WITH TREATMENT ) ) )ORDER OF COMMITMENT UP TO SIXTY DAYS ) ) This matter is before me pursuant to S.C. Code Ann. §44-23-430 (1976) for a hearing on the issue of Defendant's competence to stand trial. Defendant is charged with __________________________ . Pursuant to a In a previous Court order, Defendant's competence to stand trial has been evaluated. report dated _______________________________, the examiners found that Defendant is not currently competent to stand trial, but is likely with treatment to become competent in the foreseeable future. The report was statutorily admitted into evidence pursuant to S.C. Code Ann. § 44-23-420(C), and a copy of the report is attached hereto. Based upon the examiner's report, I find that the Defendant is currently incompetent to stand trial for the reasons set forth in S.C. Code Ann. §44-23-410, but likely to become competent in the foreseeable future. THEREFORE IT IS ORDERED that Defendant be hospitalized through the South Carolina Department of Mental Health (SCDMH) pursuant to S.C. Code Ann. §4423-430(3) for up to sixty (60) days for observation and treatment in an effort to restore SCCA 221(b) (03/2013) Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com Defendant's competence to stand trial. The Defendant shall be immediately taken into custody by the Sheriff, and the Sheriff's office is hereby authorized and required to transport Defendant to the facility designated by SCDMH following confirmation that a treatment bed is available. IT IS FURTHER ORDERED that examiners shall re-examine Defendant's capacity to stand trial following the period of hospitalization and treatment and subsequently render a report to the Court, solicitor, and defense counsel. Thereafter, upon motion by a party, this Court shall determine whether Defendant is at that time competent to stand trial, or whether final judicial commitment proceedings commenced by the Solicitor pursuant to S. C. Code Ann. § 44-17-510 et. seq. are appropriate. FILING, SERVICE, AND TRANSMITTAL OF THIS ORDER. It is the responsibility of the solicitor to file and serve this order as outlined herein. After being signed by the Court, the original order must be immediately filed with the Clerk of Court and a certified copy served upon the opposing party. Further, within five (5) business days, a certified copy of this order must be served upon the examining agency at the address listed below. To expedite the agency's ability to implement this order and prepare for legal proceedings, the solicitor is instructed to immediately contact the examining agency to advise of the issuance of this order and forthcoming service upon the agency: SCCA 221(b) (03/2013) Page 2 of 3 American LegalNet, Inc. www.FormsWorkFlow.com Information for Service of Order on Agency Department of Mental Health Forensic Evaluation Service Paralegal S.C. Department of Mental Health CBHS Forensic Center 7901 Farrow Road Columbia, SC 29203-3220 (803)935-5540 (Phone) (803)935-5544 (Fax) Email: FES-PARALEGAL@SCDMH.ORG IT IS SO ORDERED. Date:_______________ ________________________________ Presiding Judge _________ Judicial Circuit Solicitor's name: _____________________ Telephone: __________________________ Email: ______________________________ Defense Counsel: ________________________ Telephone: _____________________________ Email: _________________________________ SCCA 221(b) (03/2013) Page 3 of 3 American LegalNet, Inc. www.FormsWorkFlow.com
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