§ 15 §3318-B — Disposition of a juvenile found incompetent to proceed

1.
Substantial probability that juvenile will be competent in the foreseeable future.
If, following the competency determination hearing pursuant to section 3318‑A, subsection 7, the Juvenile Court finds that the juvenile is not competent to proceed but additionally finds that there exists a substantial probability that the juvenile will be competent in the foreseeable future, the Juvenile Court shall continue the suspension of the proceedings and refer the juvenile to the Commissioner of Health and Human Services for evaluation and treatment of the mental health and behavioral needs identified in the report of the State Forensic Service examiner under section 3318‑A.
2.
No substantial probability that juvenile will be competent in the foreseeable future.
If, following the competency determination hearing provided in section 3318‑A, subsection 7, the Juvenile Court finds that the juvenile is incompetent to proceed and that there does not exist a substantial probability that the juvenile will be competent in the foreseeable future, the Juvenile Court shall promptly hold a hearing to determine whether or not the Juvenile Court should:
3.
Provision of reports.
If, following the competency determination hearing provided in section 3318‑A, subsection 7, the Juvenile Court refers the juvenile to the Commissioner of Health and Human Services for evaluation and treatment, issues an order for the commissioner to evaluate the juvenile or orders the juvenile into the custody of the commissioner pursuant to this section, the Juvenile Court shall ensure that a copy of the report of the State Forensic Service examiner or any other report considered for the competency determination is provided to the commissioner or the commissioner's designee.

Legislative History

PL 2011, c. 282, §5 (NEW). PL 2013, c. 519, §4 (AMD). PL 2023, c. 136, §7 (AMD).