(a)
- (1) Except as provided in paragraph (2) of this subsection, within 15 days after receipt of a report of a qualified expert, the court shall hold a competency hearing.
- (2) On good cause shown, the court may extend the time for holding the competency hearing for an additional 15 days.
- (b) At the competency hearing, the court shall determine, by evidence presented on the record, whether the juvenile is incompetent to proceed.
- (c) Findings of fact shall be based on the evaluation of the child by the qualified expert.
- (d) The State shall bear the burden of proving the child's competency beyond a reasonable doubt.
Added by Acts 2005, c. 580, § 1, eff. Dec. 31, 2005. Amended by Acts 2006, c. 387, § 1, eff. Oct. 1, 2006.