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General Sessions Order following Blair Hearing on Defendant's Competence To Stand Trial Finding Defendant Not Competent, and Not Likely to Become Competent §44-23-430(2) Optional language for use if §44-23-430(3) hospitalization to restore competence is unsuccessful

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 LACK OF ) COMPETENCE TO STAND TRIAL ) FOR THE FORESEEABLE FUTURE ) AND ORDERING ) PROBATE COMMITMENT PROCEEDINGS ) ) ) )

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 and is unlikely to become competent in the foreseeable future. The report was statutorily admitted into evidence pursuant to S.C. Code Ann. §4423-420(C), and a copy of the report is attached hereto. [OPTIONAL LANGUAGE ONLY IF APPLICABLE: This report was

rendered after Defendant was previously found by the Court to lack the competence to stand trial but was likely to become competent with appropriate treatment. Thereafter, Defendant was hospitalized through the facilities of the South Carolina Department of Mental Health (SCDMH), pursuant to S.C. Code Ann. §44-23-430(3), for observation and treatment in an effort to restore Defendant's competence to stand trial. SCCA 221(c) (11/2007) Page 1 of 2 This

restoration effort was unsuccessful, and thus this Court has determined that the Defendant is now unlikely to become competent in the foreseeable future. END OF OPTIONAL LANGUAGE] 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, and unlikely 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. §44-23-430(2). 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 bed is available. IT IS FURTHER ORDERED, pursuant to S.C. Code Ann. §44-23-430(2), the Solicitor responsible for the prosecution of Defendant shall initiate judicial admission proceedings in the County Probate Court pursuant to S.C. Code Ann. §44-17-510 through §44-17-610, within fourteen (14) business days from the date of this Order. IT IS SO ORDERED.

________________________________ Presiding Judge _________ Judicial Circuit Date:____________________

SCCA 221(c) (11/2007)

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