77-15-3 - Petition for inquiry as to defendant or prisoner -- Filing -- Contents.
77-15-3. Petition for inquiry as to defendant or prisoner -- Filing -- Contents.
(1) Whenever a person charged with a public offense or serving a sentence ofimprisonment is or becomes incompetent to proceed, as defined in this chapter, a petition may befiled in the district court of the county where the charge is pending or where the person isconfined.
(2) (a) The petition shall contain a certificate that it is filed in good faith and onreasonable grounds to believe the defendant is incompetent to proceed. The petition shall containa recital of the facts, observations, and conversations with the defendant that have formed thebasis for the petition. If filed by defense counsel, the petition shall contain such informationwithout invading the lawyer-client privilege.
(b) The petition may be based upon knowledge or information and belief and may befiled by the party alleged incompetent to proceed, any person acting on his behalf, the prosecutingattorney, or any person having custody or supervision over the person.
Amended by Chapter 162, 1994 General Session