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General Sessions Order following Blair Hearing on Defendant's Competency To Stand Trial Finding Defendant Not Competent, but Likely to Become Competent §44-23-430(3)

STATE OF SOUTH CAROLINA COUNTY OF ________________

The State of South Carolina,

vs.

______________________ Defendant.

) IN THE COURT OF GENERAL SESSIONS ) Indictment No(s): _______________________ ) A/Warrant No(s): _______________________ ) ) FINDING OF PRESENT LACK OF ) COMPETENCE TO STAND TRIAL ) BUT LIKELY TO BECOME COMPETENT ) WITH TREATMENT ) ) )ORDER OF COMMITMENT UP TO SIXTY DAYS ) )

This matter is before me pursuant to S.C. Code Ann. §44-23-430 (1976) for a hearing on the issue of Defendant's competence to stand trial. Defendant is charged with ______________________________________ . Pursuant to a previous Court order, Defendant's competence to stand trial has been evaluated. In a report dated ______________, the examiners found that Defendant is not currently competent to stand trial, but is likely with treatment to become competent in the foreseeable future. The report was statutorily admitted into evidence pursuant to S.C. Code Ann. § 44-23-420(C), and a copy of the report is attached hereto. Based upon the examiner's report, I find that the Defendant is currently incompetent to stand trial for the reasons set forth in S.C. Code Ann. §44-23-410, but likely to become competent in the foreseeable future. THEREFORE IT IS ORDERED that Defendant be hospitalized through the South Carolina Department of Mental Health (SCDMH) pursuant to S.C. Code Ann. §4423-430(3) for up to sixty (60) days for observation and treatment in an effort to restore SCCA 221(b) (11/2007) Page 1 of 2

Defendant's competence to stand trial. The Defendant shall be immediately taken into custody by the Sheriff, and the Sheriff's office is hereby authorized and required to transport Defendant to the facility designated by SCDMH following confirmation that a treatment bed is available. IT IS FURTHER ORDERED that examiners shall re-examine Defendant's capacity to stand trial following the period of hospitalization and treatment and subsequently render a report to the Court, solicitor, and defense counsel. Thereafter, upon motion by a party, this Court shall determine whether Defendant is at that time competent to stand trial, or whether final judicial commitment proceedings commenced by the Solicitor pursuant to S. C. Code Ann. § 44-17-510 et. seq. are appropriate. IT IS SO ORDERED.

________________________________ Presiding Judge __________ Judicial Circuit Date: ____________________

SCCA 221(b) (11/2007)

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