36-4003. Disposition

146 words·~1 min read·/az/title-36/36-4003

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

After a hearing pursuant to section 36-4002 or 36-4004, if the court finds that:

1. The committed defendant has been restored to competency, the court shall order the criminal proceedings to resume.

2. The committed defendant has not been restored to competency and:

(a)The committed defendant is not dangerous, the court shall release the committed defendant from treatment and proceed pursuant to section 13-4517, paragraph 1, 2 or 3.

(b)The committed defendant is not dangerous in whole or in part because of the habilitation or treatment that the patient is receiving, including taking medication, the court may release the committed defendant to a less restrictive alternative pursuant to sections 36-4005 and 36-4006.

(c)The committed defendant is dangerous, the committed defendant, subject to section 13-4521, subsection H, shall remain committed for education, care, supervision and treatment to render the committed defendant competent or nondangerous.