2005 North Carolina Code - General Statutes § 15A-1006. Return of defendant for trial upon gaining capacity.

§ 15A‑1006.  Return of defendant for trial upon gaining capacity.

If a defendant who has been determined to be incapable of proceeding, and who is in the custody of an institution or an individual, gains capacity to proceed, the individual or institution must notify the clerk in the county in which the criminal proceeding is pending. The clerk must notify the sheriff to return the defendant to the county for trial, and to hold him for trial, subject to the orders of the court entered pursuant to G.S. 15A‑1004. (1973, c. 1286, s. 1.)