Alabama

• Rule 11 – Incompetency and Mental Examinations
• Rule 11.1 – Definition of Incompetency
• Rule 11.2 – Examination of Defendant's Mental Condition; Demand for Jury
• Rule 11.3 – Appointment of Experts; Commitment for Examination; Reports; Costs
• Rule 11.4 – Examination at Defendant's Expense
• Rule 11.5 – Disclosure of Mental Health Evidence
• Rule 11.6 – Preliminary Review, Transfers, Hearings, and Orders
• Rule 11.7 – Subsequent Hearings on Competency
• Rule 11.8 – Privilege
• Rule 11.9 – Inapplicability to District and Municipal Courts

Alaska

• Title 12, Chapter 47 – Insanity and Competency to Stand Trial
• [Note that this link will take you to the main page; you will need to navigate to the Table of Contents and then the title and chapter from there.]

Arizona

• Arizona Statutes
• Title 13, Chapter 41 – Incompetence to Stand Trial
• Section 13-4501 – Definitions
• Section 13-4502 – Effect of Incompetency
• Section 13-4503 – Request for Competency Evaluation
• Section 13-4504 – Dismissal of Misdemeanor Charges; Notice
• Section 13-4505 – Appointment of Experts; Costs
• Section 13-4507 – Examination of Competency to Stand Trial
• Section 13-4508 – Privilege Against Self-Incrimination; Sealed Reports
• Section 13-4509 – Expert's Report
• Section 13-4510 – Competency Hearings and Orders
• Section 13-4511 – Competency to Refuse Treatment; Length of Sentence
• Section 13-4512 – Treatment Order; Commitment
• Section 13-4513 – Appointment of Clinical Liaison
• Section 13-4514 – Progress Reports; Rehearings
• Section 13-4515 – Duration of Order; Excluded Time Calculation; Notice of Dismissed Charge or Voided Order; Petitions
• Section 13-4516 – Notice of Central State Repository; Records
• Section 13-4517 – Incompetent Defendants; Disposition
• Section 13-754 – Capital Defendant Prescreening Evaluation for Competency and Sanity
• Arizona Rules of Criminal Procedure
• [Note that clicking on “Arizona Rules of Criminal Procedure” will take you to a page where you will click on a link; you will need to navigate to the specific rules, listed below, from there.]
• Rule 11 – Incompetence and Mental Examinations
• Rule 11.1 – Definition and Effect of Incompetency
• Rule 11.2 – Motion to Have Defendant's Mental Condition Examined
• Rule 11.3 – Appointment of Experts
• Rule 11.4 – Disclosures of Mental Health Evidence
• Rule 11.5 – Hearings and Orders
• Rule 11.6 – Subsequent Hearings
• Rule 11.7 – Privilege
• Rule 11.8 – Records

Arkansas

• Arkansas Code of 1987, Title 5 – Criminal Offenses – Subtitle 1 – General Provisions – Chapter 2 – Principles of Criminal Liability – Subchapter 3 – Mental Disease or Defect
• [Note that this link will take you to the Table of Contents; you will need to navigate to the title, chapter, and subchapters from there. Also note that if you have a LexisNexis account, this link may take you to the sign-in page rather than the public access page.]

California

• Penal Code, Sections 1367-1376

Colorado

• Colorado Statutes, Title 16, Article 8.5 – Competency to Proceed
• [Note that this link will take you to the Table of Contents; you will need to navigate to the title and article from there.]

Connecticut

• Connecticut General Statutes, Title 54, Chapter 960, Section 54-56d – Competency to Stand Trial

Delaware

• Delaware Code, Title 11 – Crimes and Criminal Procedure – Part I – Delaware Criminal Code – Chapter 4 – Defenses to Criminal Liability

District of Columbia

• District of Columbia Official Code 2001 Edition, Division IV, Criminal Law and Procedure and Prisoners, Title 24. Prisoners and Their Treatment, Chapter 5A, Evaluation and Treatment of Incompetent Defendants

Florida

• Florida Statutes, Title XLVII, Chapter 916 – Mentally Deficient and Mentally Ill Defendants
• [Note that this link will take you to the Table of Contents; you will need to navigate to the title, chapter, article, part, and sections from there. Also note that if you have a LexisNexis account, this link may take you to the sign-in page rather than the public access page.]

Georgia

• Code of Georgia, Title 17, Chapter 7, Article 6, Part 2 – Insanity and Mental Incompetency
• [Note that this link will take you to the Table of Contents; you will need to navigate to the title, chapter, article, part, and sections from there. Also note that if you have a LexisNexis account, this link may take you to the sign-in page rather than the public access page.]
• Code of Georgia, State Court Rules, Uniform Court Rules, Rule 31.4 – Motion and Order for Evaluation Regarding Mental Incompetency to Stand Trial

Hawaii

• Hawaii Revised Statutes, Chapter 704 – Penal Responsibility and Fitness to Proceed
• Section 704-400 – Physical or Mental Disease, Disorder, or Defect Excluding Penal Responsibility
• Section 704-401 – Evidence of Physical or Mental Disease, Disorder, or Defect Admissible When Relevant to State of Mind
• Section 704-402 – Physical or Mental Disease, Disorder, or Defect Excluding Responsibility Is An Affirmative Defense; Form of Verdict and Judgment When Finding of Irresponsibility is Made
• Section 704-403 – Physical or Mental Disease, Disorder, or Defect Excluding Fitness to Proceed
• Section 704-404 – Examination of Defendant with Respect to Physical or Mental Disease, Disorder, or Defect
• Section 705-405 – Determination of Fitness to Proceed
• Section 704-406 – Effect of Finding of Unfitness to Proceed
• Section 704-407 – Special Hearing Following Commitment or Release on Conditions
• Section 704-408 – Determination of Irresponsibility
• Section 704-409 – Access to Defendant by Examiners of Defendant's Choice
• Section 704-410 – Form of Expert Testimony Regarding Physical or Mental Disease, Disorder, or Defect
• Section 704-411 – Legal Effect of Acquittal on the Ground of Physical or Mental Disease, Disorder or Defect Excluding Responsibility; Commitment; Conditional Release; Discharge; Procedure for Separate Post-Acquittal Hearing
• Section 704-412 – Committed Person; Application for Conditional Release or Discharge; By the Director of Health; By the Person
• Section 704-413 – Conditional Release; Application for Modification or Discharge; Termination of Conditional Release and Commitment
• Section 704-414 – Procedure Upon Application for Discharge, Conditional Release, or Modification of Conditions of Release
• Section 704-415 – Disposition of Application for Discharge, Conditional Release, or Modifications of Conditions of Release
• Section 704-416 – Statements for Purposes of Examination or Treatment Inadmissible Except on Issue of Physical or Mental Condition
• Section 704-416.5 – Supervision of Person on Conditional Release
• Section 704-417 – Use of Out-of-State Institutions
• Section 704-418 – Immaturity Excluding Penal Conviction; Transfer of Proceedings to Family Court

Idaho

• Idaho Statutes, Title 18 – Crimes and Punishments – Chapter 2 – Persons Liable, Principals and Accessories
• Section 18-210 – Lack of Capacity to Understand Proceedings – Delay of Trial
• Section 18-211 – Examination of Defendant – Appointment of Psychiatrists and Licensed Psychologists – Hospitalization – Report
• Section 18-212 – Determination of Fitness of Defendant to Proceed – Suspension of Proceeding and Commitment of Defendant – Postcommitment Hearing
• Section 18-215 – Admissibility of Statements by Examined Person
• Section 18-217 – Mental Health Records of Offenders
• Idaho Statutes, Title 19 – Criminal Procedure – Chapter 25 – Judgment
• Section 19-2522 – Examination of Defendant for Evidence of Mental Condition – Appointment of Psychiatrists or Licensed Psychologists – Hospitalization – Reports

Illinois

• Illinois Compiled Statutes, Chapter 725, Act 5 – Code of Criminal Procedure of 1963 – Title I, Article 104 – Fitness for Trial, to Plead or to Be Sentenced

Indiana

• Indiana Code, Title 35, Article 36, Chapter 3 – Comprehension to Stand Trial

Iowa

• Iowa Code, Title XVI, Subtitle 2, Chapter 812 – Confinement of Persons Found Incompetent to Stand Trial

Kansas

• Kansas Statutes, Chapter 22 – Criminal Procedure – Article 33 – Competency of Defendant to Stand Trial
• Section 22-3301 – Definitions
• Section 22-3302 – Proceedings to Determine Competency
• Section 22-3303 – Commitment of Incompetent; Limitation; Civil Commitment Proceedings; Regained Competency; Credit for Time Committed; Victim Notificationl
• Section 22-3305 –Procedure When Defendant Not Civilly Committed or to Be Discharged; Order of Discharge; Request for Hearing on Competency; Charges Dismissed; Statute of Limitations Not to Run; Victim Notification
• Section 22-3305a – Procedure When Defendant Not Civilly Committed or to Be Discharged; Order of Discharge; Request for Hearing on Competency; Charges Dismissed; Statute of Limitations Not to Run
• Section 22-3306 – Task Force to Study Programs for Alleged Offenders with Disabilities Who are Potentially Incompetent to Stand Trial and Make Recommendations

Kentucky

• Kentucky Revised Statutes, Title L – Kentucky Penal Code
• Chapter 504 – Responsibility
• Section 504.020 – Mental Illness or Retardation
• Section 504.060 – Definitions for Chapter
• Section 504.080 – Commitment to Facility for Examination – Persons to be Present at Hearing – Termination of Criminal Proceedings Not Bar to Civil Proceedings
• Section 504.090 – Incompetent Defendant Not to be Tried
• Section 504.100 – Appointment by Court of Psychologist or Psychiatrist During Proceedings
• Section 504.110 – Alternative Handling of Defendant Depending on Whether He is Competent or Incompetent to Stand Trial

Louisiana

• Louisiana Statutes, Louisiana Code of Criminal Procedure, Title XXI – Insanity Proceedings
• Article 641 – Mental Incapacity to Proceed
• Article 642 – How Mental Incapacity is Raised; Effect
• Article 643 – Order for Mental Examination
• Article 644 – Appointment of Sanity Commission; Examination of Defendant
• Article 645 – Report of Sanity Commission
• Article 646 – Examination by Physician Retained by Defense or District Attorney
• Article 647 – Determination of Mental Capacity to Proceed
• Article 648 – Procedure After Determination of Mental Capacity or Incapacity
• Article 648.1 – Information Required Prior to Admission
• Article 649 – Procedure When Capacity Regained
• Article 649.1 – Prescribed Mediation; Administration

Maine

• Maine Revised Statutes, Title 15: Court Procedure – Criminal – Part 1: Criminal Procedure Generally – Chapter 5: Mental Responsibility for Criminal Conduct
• Section 101-C – Access to Records by Persons or Entities Performing Examinations or Evaluations
• Section 101-D – Mental Examination of Persons Accused of Crime

Maryland

• Code of Maryland, Criminal Procedure, Title 3
• [Note that this link will take you to the Table of Contents; you will need to navigate to the title from there. Also note that if you have a LexisNexis account, this link may take you to the sign-in page rather than the public access page.]

Massachusetts

• Massachusetts General Law, Part I – Administration of the Government – Title XVII – Public Welfare – Chapter 123 – Mental Health
• Section 15 – Competence to Stand Trial or Criminal Responsibility; Examination; Period of Observation; Reports; Hearing; Commitment; Delinquents
• Section 16 – Hospitalization of Persons Incompetent to Stand Trial or Not Guilty by Reason of Mental Illness; Examination Period; Commitment; Hearing; Restrictions; Dismissal of Criminal Charges
• Section 17 – Periodic Review of Incompetence to Stand Trial; Petition; Hearing; Continued Treatment; Defense to Charges; Release
• Section 18 – Hospitalization of Mentally Ill Prisoners; Examination; Reports; Hearing; Commitment; Voluntary Admission; Reduction of Sentence; Discharge
• Section 18A – Facility Residents; Contributions Toward Costs of Counsel
• Section 19 – Parties or Witnesses; Determination of Mental Condition
• Section 20 – Extradition of Mental Institution Escapees
• Section 21 – Transportation of Mentally Ill Persons; Restraint
• Section 22 – Civil Liability of Physicians, Qualified Psychologists, Qualified Psychiatric Nurse Mental Health Clinic Specialists and Police Officers
• Section 23 – Rights of Persons Receiving Services from Programs or Facilities of Department of Mental Health
• Section 24 – Legal Capacity of Persons Admitted or Committed
• Section 25 – Guardian or Conservator; Appointment
• Section 26 – Deposit of Funds Held in Trust for Inpatients or Residents; Unclaimed Funds and Personal Property; Fiduciaries
• Section 27 – Administration of Estate of Deceased Inpatient or Resident
• Section 28 – Violent or Unnatural Death of Patients; Notice to District Attorney
• Section 29 – Instruction and Education; Work Programs; Sale of Work Products
• Section 30 – Unauthorized Absence of Patients; Notification of Police, et al.
• Section 31 – Medicine and Drugs; Indigent Patients
• Section 32 – Charges for Care of Persons in Facilities
• Section 33 – Expenses of Apprehension, Examination, Hearing, Commitment or Delivery; Certification; Audit; Payment; Fees
• Section 34 – Commitment or Transfer to Veterans Administration or Other Federal Agency
• Section 35 – Commitment of Alcoholics or Substance Abusers
• Section 36 – Records; Inspection
• Section 36A – Court Records of Examination or Commitment; Privacy
• Section 36B – Duty to Warn Patient's Potential Victims; Cause of Action

Michigan

• Michigan Laws, Chapter 330 – Mental Health Code – Act 258 of 1974, Chapter 10 – Criminal Provisions
• Incompetence to Stand Trial
• Section 330-2020 – Defendant Presumed Competent to Stand Trial; Determination of Incompetency; Effect of Medication; Statement by Physician
• Section 330-2022 – Proceeding Against Incompetent Defendant Prohibited; Pretrial Motions; Preservation and Admissibility of Evidence
• Section 330-2024 – Raising Issue of Competence to Stand Trial
• Section 330-2026 – Examination of Defendant
• Section 330-2028 – Consultations; Report; Admissibility of Evidence
• Section 330-2030 – Hearing; Determination; Admissibility of Report; Order for Continued Administration of Medication
• Section 330-2031 – Filing of Petition by Prosecution Attorney
• Section 330-2032 – Ordering Treatment; Medical Supervisor; Commitment; Restriction of Movements
• Section 330-2034 – Effective Duration of Order; Notice of Dismissed Charge or Voided Orders; Filing Petition Prior to Discharge or Release
• Section 330-2036 – Right to Liberty Pending Trial
• Section 330-2038 – Reports; Admissibility
• Section 330-2040 – Redetermining Issue of Incompetence to Stand Trial; Hearing; Commencement of Trial; Modification or Continuance of Orders
• Section 330-2042 – Crediting Time Spent in Custody
• Section 330-2044 – Dismissal of Charge; Filing Same or Other Charges; Examination of Defendant as Outpatient

Minnesota

• Minnesota Rules of Criminal Procedure
• Rule 20 – Proceedings for Mentally Ill or Mentally Deficient

Mississippi

• Mississippi Code Annotated of 1972 – Title 99, Chapter 13, Sections 1-11
• [Note that this link will take you to the Table of Contents; you will need to navigate to the title, chapter, and sections from there. Also note that if you have a LexisNexis account, this link may take you to the sign-in page rather than the public access page.]
• Mississippi Uniform Rules of Circuit and County Court Practice – Rule 9.06 – Competence to Stand Trial

Missouri

• Missouri Revised Statutes, Title XXXVII – Criminal Procedure – Chapter 552 – Criminal Proceedings Involving Mental Illness
• Section 552.010 – Mental Disease or Defect Defined
• Section 552.015 – Evidence of Mental Disease or Defect, Admissible, When
• Section 552.020 – Lack of Mental Capacity Bar to Trial or Conviction – Psychiatric Examination, When, Report of – Plea of Not Guilty by Reason of Mental Disease, Supporting Pretrial Evaluation, Conditions of Release – Commitment to Hospital, When – Statements of Accused Inadmissible, When – Jury May Be Impaneled to Determine Mental Fitness
• Section 552.045 – Transcript of Proceedings and Preliminary Letter to Institution, When
• Section 552.080 – Court Costs, Examination Fees, Care and Treatment, Transportation, How Paid

Montana

• Montana Code, Title 46 – Criminal Procedure – Chapter 14 – Mental Competency of Accused
• Part One – Relevance of Mental Disease or Defect
• Section 46-14-101 – Mental Disease or Defect – Purpose – Definition
• Section 46-14-103 – Mental Disease or Defect or Developmental Disability Excluding Fitness to Proceed
• Part Two – Procedure When Mental Disease or Defect an Issue
• Section 46-14-202 – Examination of Defendant
• Section 46-14-204 – Prosecution's Right to Examination
• Section 46-14-205 – Access to Defendant for Examination
• Section 46-14-206 – Report of Examination
• Section 46-14-213 – Psychiatric or Psychological Testimony Upon Trial
• Section 46-14-217 – Admissibility of Statements Made During Examination or Treatment
• Section 46-14-221 – Determination of Fitness to Proceed – Effect of Funding of Unfitness – Expenses
• Section 46-14-222 – Proceedings if Fitness Regained
• Related Article: Mental Competency of the Accused: An Analysis of Statutes Relating to Mental Disease or Defect and Criminal Procedure of "Forensic" Patients, Prepared for the Legislative Finance Committee HJ1 Subcommittee on Mental Health By Susan Byorth Fox, Research Analyst, Legislative Services Division, January 2002

Nebraska

• Revised Statutes of Nebraska Annotated, Chapter 29 – Criminal Procedure – Article 18 – Motions and Issues on Indictment
• Section 29-1822 – Mental Incompetency of Accused After Crime Commission; Effect; Capital Punishment; Stay of Execution
• Section 29-1823 – Mentally Incompetency of Accused Before Trial; Determination by Judge; Effect; Costs; Hearing; Commitment Proceeding

Nevada

• Nevada Revised Statutes, Title 14 – Procedure in Criminal Cases
• Chapter 178 – General Provisions – Inquiry Into Competence of Defendant and Procedure Following Finding of Incompetence
• Section 178.3981 – Definitions
• Section 178.3982 – "Administrator" defined
• Section 178.3983 – "Division" defined
• Section 178.3984 – "Division facility" defined
• Section 178.3985 – "Mental disorder" defined
• Section 178.3986 – "Person with mental illness" defined
• Section 178.399 – "Treatment to competency" defined
• Section 178.400 – Incompetent Person Cannot be Tried or Adjudged to Punishment for Public Offense
• Section 178.405 – Suspension of Trial or Pronouncement of Judgment When Doubt Arises as to Competence of Defendant; Notice of Suspension to be Provided to Other Departments
• Section 178.415 – Appointment of Person or Persons to Examine Defendant; Hearing; Finding
• Section 178.417 – Certification of Person Who Evaluates Competency of Defendant Required
• Section 178.420 – Procedure on Finding Defendant Competent
• Section 178.425 – Procedure on Finding Defendant Incompetent
• Section 178.430 – Commitment of Defendant Exonerates Bail
• Section 178.435 – Expenses of Examination and Transportation are Charge Against County or City; Recovery from Estate or Relative
• Section 178.440 – Clerk to Certify Costs to County or City
• Section 178.450 – Duties of Administrator or His Designee Following Finding of Incompetence; Observation and Evaluation of Defendant; Report to Court
• Section 178.453 – Access by Administrator to Certain Records of Defendant Within Possession of Department of Corrections Authorized for Purpose of Evaluating and Treating Defendant
• Section 178.455 – Procedure for Evaluating Certain Defendants Following Finding of Incompetence; Report to Court; Procedure Concerning Misdemeanants
• Section 178.460 – Powers and Duties of Court Following Finding of Incompetence; Limitation on Length of Commitment
• Section 178.461 – Motion for Hearing to Determine Whether to Commit Incompetent Defendant to Custody of Administrator; Length of Commitment; Review of Eligibility; Review of Conditional Release
• Section 178.463 – Conditional Release of Incompetent Defendant Committed to Custody of Administrator; When Eligible; Annual Review of Eligibility for Discharge from Conditional Release; Maximum Duration
• Section 178.464 – Procedure When Defendant Violates Conditions of Release; Hearing to Determine Whether to Continue, Modify, or Terminate Conditional Release
• Section 178.467 – Person Committed to Custody of Administrator: Eligibility for Discharge or Conditional Release; Recommitment for Failure to Comply with Conditions         
• Section 178.468 – Hearing to Determine Eligibility of Person Committed to Custody of Administrator for Discharge or Conditional Release; Report by Administrator
• Section 178.469 – Petition for Discharge or Conditional Release by Person Committed to Custody of Administrator
• Section 178.471 – Effect of Conditional Release of Person Committed to Custody of Administrator; Authority of Court Over Person Conditionally Released

New Hampshire

• Revised Statutes of the State of New Hampshire, Title X – Public Health
• Chapter 135 – New Hampshire Hospital and Insane Persons
• Section 135:17 – Competency; Commitment for Evaluation
• Section 135:17a – Competency Hearing; Commitment for Treatment

New Jersey

• New Jersey Statutes, Title 2C – The New Jersey Code of Criminal Justice
• Section 2C:4-4 – Mental Incompetence Excluding Fitness to Proceed
• Section 2C:4-5 – Psychiatric or Psychological Examination of Defendant with Respect to Fitness to Proceed
• Section 2C:4-6.  Determination of Fitness to Proceed; Effect of Finding of Unfitness; Proceedings if Fitness is Regained; Post-Commitment Hearing
• Section 2C:4-10 – Statements for Purposes of Examination or Treatment Inadmissible Except on Issue of Mental Condition

New Mexico

• New Mexico Statutes, Chapter 31 – Criminal Procedure – Article 9 – Mental Illness and Competency
• [Note that this link will take you to the main page; you will need to navigate to the chapter and article from there.]

New York

• Consolidated Laws of New York, Chapter 11-A – Criminal Procedure Law – Part Three – Special Proceedings and Miscellaneous Procedures – Title U – Special Proceedings Which Replace, Suspend, or Abate Criminal Actions – Article 730 – Mental Disease or Defect Excluding Fitness to Proceed

North Carolina

• North Carolina General Statutes, Chapter 15A – Criminal Procedure Act – Subchapter X – General Trial Procedure – Article 56 – Incapacity to Proceed
• North Carolina Commission on Indigent Defense Services, Performance Guidelines for Indigent Defense Representation in Non-Capital Criminal Cases at the Trial Level, Guideline 3.2 – Client's Competence and Capacity to Proceed

North Dakota

• North Dakota Century Code, Title 12.1 – Criminal Code

Ohio

• Ohio Revised Code, Title XXIX – Crimes – Procedure – Chapter 2945 – Trial, Sections 2945.37 to 2945.39

Oklahoma

• Oklahoma Statutes, Title 22 – Criminal Procedure – Chapter 22 – Insanity of Accused – Sections 1175.1 to 1176
• [Note that this link will take you to the Table of Contents; you will need to navigate to the title from there.]

Oregon

• Oregon Revised Statutes, Title 16 – Crimes and Punishments – Chapter 161 – General Provisions, Responsibility – Sections 161.360 to 161.370

Pennsylvania

• Pennsylvania Statutes and Consolidated Statutes, Title 50 – Mental Health – Chapter 15 – Mental Health Procedures – Article IV – Determinations Affecting Those Charged with Crime or Under Sentence
• Section 7401 – Examination and Treatment of a Person Charge with Crime or Serving Sentence
• Section 7402 – Incompetence to Proceed on Criminal Charges and Lack of Responsibility as Defense
• Section 7403 – Hearing and Determination of Incompetency to Proceed; Stay of Proceedings; Dismissal of Charges
• Section 7404 – Hearing and Determination of Criminal Responsibility; Bifurcated Trial
• Section 7406 – Civil Procedure for Court-Ordered Involuntary Treatment Following a Determination of Incompetency, or Acquittal by Reason of Lack of Criminal Responsibility or in Conjunction with Sentencing
• Section 7407 – Voluntary Treatment of a Person Charged with Crime or Serving Sentence

Rhode Island

• General Laws of Rhode Island, Title 40.1 – Mental Health, Retardation, and Hospitals – Chapter 5.3 – Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity
• Section 40.1-5.3-1 – Facility for Incompetents and Others
• Section 40.1-5.3-2 – Transfers To and From General Wards
• Section 40.1-5.3-3 – Competency to Stand Trial
• Section 40.1-5.3-5 – Expenses of Examination
• Section 40.1-5.3-13 – General Rights
• Section 40.1-5.3-14 – Right to Treatment; Treatment Plan
• Section 40.1-5.3-15 – Disclosure of Confidential Information and Records
• Section 40.1-5.3-16 – Disclosure of Rights
• Section 40.1-5.3-17 – Penalties for Deprivation of Rights – Disciplinary Action – Duty to Report
• Section 40.1-5.3-18 – Applicability

South Carolina

• Code of Laws of South Carolina 1976, Title 44 – Health – Chapter 23 – Provisions Applicable to Both Mentally Ill and Mentally Retarded Persons – Article 5 – Fitness to Stand Trial – Sections 410 to 460

South Dakota

• South Dakota Codified Laws, Title 23A – Criminal Procedure – Chapter 23A-10A – Inquiry Into Defendant's Mental Competency to Proceed
• Section 23A-10A-1 – Definition of Mental Incompetency
• Section 23A-10A-2 – Incompetent Person Cannot be Tried, Sentenced, or Punished
• Section 23A-10A-3 – Hearing on Mental Condition – Mental Examination and Report
• Section 23A-10A-4 – Commitment – Finding Required – Duration
• Section 23A-10A-4.1 – Recovery of Defendant – Notice – Hearing – Discharge – Bail
• Section 23A-10A-4.2 – Findings as to Mental Competence Not Prejudicing Insanity Defense – Inadmissible
• Section 23A-10A-5 – Suspension of Proceedings Pending Determination of Defendant's Competency
• Section 23A-10A-6 – Rules Governing Competency Proceedings
• Section 23A-10A-6.1 – Burden and Standard of Proof
• Section 23A-10A-10 – Expense of Maintenance of Defendant Committed
• Section 23A-10A-13 – Approved Facility Defined
• Section 23A-10A-14 – Facility's Report – Probability that Defendant Will Become Competent Within a Year – Length of Commitment Determined by Court – Review After One-Year Commitment
• Section 23A-10A-15 – Length of Detention for Class A or B Felony
• Section 23A-10A-16 – Time in Approved Facility Credited to Term of Imprisonment

Tennessee

• Tennessee Code, Title 33 – Mental Health and Developmental Disabilities – Chapter 7 – Security Units and Forensic Services – Part 3 – Forensic Services – Sections 33-7-301 to 33-7-304
• [Note that this link will take you to the Table of Contents; you will need to navigate to the title, chapter, part, and sections from there. Also note that if you have a LexisNexis account, this link may take you to the sign-in page rather than the public access page.]

Texas

• Texas Statutes and Codes, Code of Criminal Procedure, Title 1 – Code of Criminal Procedure of 1965 – Miscellaneous Proceedings – Chapter 46B – Incompetency to Stand Trial

Utah

• Utah Code, Title 77 – Utah Code of Criminal Procedure – Chapter 15 – Inquiry Into Sanity of Defendant
• Section 77-15-1 – Incompetent Person Not to Be Tried for Public Offense
• Section 77-15-2 – "Incompetent to Proceed" Defined
• Section 77-15-3 – Petition for Inquiry as to Defendant or Prisoner – Filing – Contents
• Section 77-15-4 – Court May Raise Issue of Competency at Any Time
• Section 77-15-5 – Order for Hearing – Stay of Other Proceedings – Examinations of Defendant – Scope of Examination and Report
• Section 77-15-6 – Commitment on Finding of Incompetency to Stand Trial – Subsequent Hearings – Notice to Prosecuting Attorneys
• Section 77-15-7 – Petition for Involuntary Medication of Incompetent Defendant
• Section 77-15-7 – Statute of Limitations and Speedy Trial – Effect of Incompetency of Defendant
• Section 77-15-8 – Bail Exoneration on Commitment of Defendant
• Section 77-15-9 – Expenses

Vermont

• Vermont Statutes, Title 13 – Crimes and Criminal Procedure – Part 2 – Criminal Procedure Generally – Chapter 157 – Insanity As a Defense
• Section 4814 – Order for Examination
• Section 4815 – Place of Examination; Temporary Commitment
• Section 4816 – Scope of Examination; Report; Evidence
• Section 4817 – Competency to Stand Trial; Determination
• Section 4820 – Hearing Regarding Commitment
• Section 4821 – Notice of Hearing; Procedures
• Section 4822 – Findings and Order; Mentally Ill Persons
• Section 4823 – Findings and Order; Persons with Mental Retardation

Virginia

• Code of Virginia, Title 19.2 – Criminal Procedure – Chapter 11 – Proceedings on Question of Insanity
• Section 19.2-169.1 – Raising Question of Competency to Stand Trial or Plead; Evaluation and Determination of Competency
• Section 19.2-169.2 – Disposition When Defendant Found Incompetent
• Section 19.2-169.3 – Disposition of the Unrestorably Incompetent Defendant; Capital Murder Charge; Referral to Commitment Review Committee
• Section 19.2-169.4 – Litigating Certain Issues When the Defendant is Incompetent
• Section 19.2-169.7 – Disclosure by Defendant During Evaluation or Treatment; Use at Guilt Phase of Trial
• Section 19.2-174.1 – Information Required Prior to Admission to a Mental Health Facility
• Section 19.2-175 – Compensation of Experts
• Section 19.2-178 – Where Prisoner Kept When No Vacancy in Facility or Hospital
• Section 19.2-180 – Sentence or Trial of Prisoner When Restored to Sanity
• Section 19.2-182 – Representation by Counsel in Proceeding for Commitment

Washington

• Revised Code of Washington, Title 10 – Criminal Procedure – Chapter 10.77 – Criminally Insane – Procedures
• Section 10.77.010 – Definitions
• Section 10.77.025 – Maximum Term of Commitment or Treatment
• Section 10.77.027 – Eligible for Commitment Regardless of Cause
• Section 10.77.050 – Mental Incapacity as Bar to Proceedings
• Section 10.77.060 – Plea of Not Guilty Due to Insanity – Doubt as to Competency – Examination – Bail – Report
• Section 10.77.065 – Mental Condition Evaluations – Reports and Recommendations Required
• Section 10.77.070 – Examination Rights of Defendant's Expert or Professional Person
• Section 10.77.80 – Stay of Proceedings – Findings – Evaluation, Treatment – Restoration of Competency – Other Procedures
• Section 10.77.086 – Commitment – Procedure in Felony Charge
• Section 10.77.088 – Placement – Procedure in Nonfelony Charge
• Section 10.77.092 – Involuntary Medication – Serious Offenses
• Section 10.77.093 – Involuntary Medication – Civil Commitment
• Section 10.77.095 – Findings – Developmental Disabilities
• Section 10.77.097 – Records and Reports Accompany Defendant Upon Transfer
• Section 10.77.100 – Experts or Professional Persons as Witnesses
• Section 10.77.120 – Confinement of Committed Person – Custody – Hearings – Release
• Section 10.77.140 – Periodic Examinations – Developmentally Disabled – Reports – Notice to Court
• Section 10.77.210 – Right to Adequate Care and Treatment – Records and Reports
• Section 10.77.2101 – Implementation of Legislative Intent
• Section 10.77.220 – Incarceration in Correctional Institution or Facility Prohibited – Exceptions
• Section 10-77-230 – Appellate Review
• Section 10-77-240 – Existing Rights Not Affected
• Section 10-77-250 – Responsibility for Costs – Reimbursement
• Section 10-77-940 – Equal Application of 1989 Chapter 420 – Evaluation for Developmental Disability
• Section 10-77-950 – Construction – Chapter Applicable to State Registered Domestic Partnerships – 2009 Chapter 521
• Section 71-05.214 – Protocols – Development – Submission to Governor and Legislature
• Chapter 71.05 – Mental Illness

West Virginia

• Code of West Virginia, Chapter 27 – Mentally Ill Persons – Article 6A – Competency and Criminal Responsibility of Persons Charged or Convicted of a Crime

Wisconsin

• Wisconsin Statutes, Criminal Procedure, Chapter 971 – Proceedings Before and After Trial – Sections 971.13, 971.14, 971.15, and 971.18
• [Note that this link will take you to the main page; you will need to navigate to the Table of Contents, chapter, and sections from there.]

Wyoming

• Wyoming Statutes, Title 7 – Criminal Procedure – Chapter 11 – Trial and Matters Incident Thereto – Article 3 – Mental Illness or Deficiency
• [Note that this link will take you to the main page; you will need to navigate to the title, chapter, and article from there.]