US Laws, Codes, Statutes & Cases

§27-6A-6. Judicial hearing of defendant's defense other than not guilty by reason of mental illness.

If a defendant who has been found to be incompetent to stand trial believes that he can establish a defense of not guilty to the charges pending against him, other than the defense of not guilty by reason of mental illness, mental retardation or addiction, he may request an opportunity to offer a defense thereto on the merits before the court which has criminal jurisdiction. If the person is unable to obtain legal counsel, the court of record shall appoint counsel for the defendant to assist him in supporting the request by affidavit or other evidence. If the court of record in its discretion grants such a request, the evidence of the defendant and of the state shall be heard by the court of record sitting without a jury. If after hearing such petition the court of record finds insufficient evidence to support a conviction, it shall dismiss the indictment and order the release of the defendant from criminal custody. The order may be stayed for ten days to allow institution of civil proceedings pursuant to article five of this chapter.