730.30 - Fitness to proceed; order of examination.

§ 730.30  Fitness to proceed; order of examination.    1.    At  any  time  after a defendant is arraigned upon an accusatory  instrument other than a felony complaint and before  the  imposition  of  sentence,  or  at  any time after a defendant is arraigned upon a felony  complaint and before he is held for the action of the  grand  jury,  the  court  wherein  the  criminal  action  is pending must issue an order of  examination when it is of the opinion  that  the  defendant  may  be  an  incapacitated person.    2.  When the examination reports submitted to the court show that each  psychiatric  examiner  is  of  the  opinion that the defendant is not an  incapacitated person, the court  may,  on  its  own  motion,  conduct  a  hearing  to  determine  the  issue  of  capacity,  and it must conduct a  hearing upon motion  therefor  by  the  defendant  or  by  the  district  attorney.    If  no  motion  for  a hearing is made, the criminal action  against the defendant must proceed.  If, following a hearing, the  court  is  satisfied  that  the  defendant  is not an incapacitated person, the  criminal action against him  must  proceed;  if  the  court  is  not  so  satisfied,  it  must issue a further order of examination directing that  the defendant be examined by different psychiatric examiners  designated  by the director.    3.  When the examination reports submitted to the court show that each  psychiatric  examiner  is  of  the  opinion  that  the  defendant  is an  incapacitated person, the court  may,  on  its  own  motion,  conduct  a  hearing  to  determine  the  issue  of capacity and it must conduct such  hearing upon motion  therefor  by  the  defendant  or  by  the  district  attorney.    4.   When the examination reports submitted to the court show that the  psychiatric examiners are not unanimous in their opinion as  to  whether  the  defendant  is  or  is  not  an  incapacitated  person,  or when the  examination reports submitted  to  the  superior  court  show  that  the  psychiatric  examiners  are not unanimous in their opinion as to whether  the defendant is or is not a dangerous incapacitated person,  the  court  must   conduct   a  hearing  to  determine  the  issue  of  capacity  or  dangerousness.