Finding Of Present Lack Of Competence To Stand Trial But Likely To Become Competent With Treatment
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3General 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
)
IN THE COURT OF GENERAL SESSIONS
________________
______________________
COUNTY OF
)
Indictment No(s):
______________________
)
A/Warrant No(s):
)
The State of South Carolina,
)
FINDING OF PRESENT LACK OF
)
COMPETENCE TO STAND TRIAL
) BUT LIKELY TO BECOME COMPETENT
)
WITH TREATMENT
vs.
)
)
)ORDER OF COMMITMENT UP TO SIXTY DAYS
___________________________
)
Defendant.
)
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
previous Court order, Defendant’s competence to stand trial has been evaluated.
In a
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. §44-
23-430(3) for up to sixty (60) days for observation and treatment in an effort to restore
SCCA 221(b) (03/2013)
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