| | | 2.__Procedures.__The hearing required by this section must | | comply with all the procedures specified in section 3926.__In | | addition the rules of evidence applicable in criminal cases | | apply, and all constitutional rights available to defendants at | | criminal trials other than the right not to be tried while | | incompetent apply. |
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| | | 3.__Findings.__After hearing evidence on the question of | | whether the person committed the act or acts originally charged, | | the court shall make specific findings on: |
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| | | A.__Whether the person did commit the act or acts; |
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| | | B.__The extent to which the person's incompetence or | | developmental disability affected the outcome of the | | original hearing, including its effect upon the ability to | | consult with and assist counsel and to testify on the | | person's own behalf, and the extent to which the evidence | | could be reconstructed without the assistance of the person; | | and |
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| | | C.__The strength of the prosecution's case. |
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| | | 4.__Effect of determination.__If, after the conclusion of the | | hearing on whether the person committed the act or acts | | originally charged, the court finds beyond a reasonable doubt | | that the person did commit the act or acts charged, the court | | shall enter a final order and may proceed to consider whether the | | person should be committed pursuant to this subchapter. |
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| | | §3928.__Place of confinement |
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| | | Confinement must be in a secure facility that is appropriate | | for persons confined as a result of criminal incompetency, except | | that confinement may be to a county jail or a correctional | | facility for up to 7 days pending proceedings under this | | subchapter. |
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| | | §3929.__Annual examination of confined person |
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| | | A person committed under this subchapter must be examined at | | least once each year to determine the person's mental condition.__ | | A report of the examination must be submitted to the court that | | committed the person and must consider whether conditional | | release to a less restrictive alternative is in the best interest | | of the person and will adequately protect the community.__The | | person may retain or, if the person is indigent and so requests, | | the court may appoint a qualified expert or a professional person |
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