Rule 12.6 - Subsequent Hearings(a) Grounds. The court shall hold a hearing to assess the defendant's competency: (1) on receiving a written report from a treating mental health professional stating that, in his/her opinion, the defendant has become competent to stand trial;(2) on motion of either party, accompanied by the certificate of a mental health expert stating that, in the expert's opinion, the defendant is competent to stand trial; or(3) on the court's own motion. The parties may, by stipulation (either written or stated on the record in open court), submit the matter on the experts' reports.
(b) Finding of Competency. If the court finds that the defendant is competent to stand trial, the regular proceedings shall recommence without delay. The defendant shall be entitled to a rehearing of any proceeding if there are reasonable grounds to believe the defendant was prejudiced by the defendant's previous incompetency.(c) Finding of Continuing Incompetency. If the court finds that the defendant remains incompetent, the court shall proceed in accordance with Rules 12.5(d) or (e).Comment
Section (c) directs the court, upon finding that the defendant remains incompetent, to reconsider the alternatives presented in Rules 12.5(d) and (e). Jackson v. Indiana, 406 U.S. 715, 92 S. Ct. 1845, 32 L. Ed. 2d 435 (1972), held that the continuing commitment of a defendant must be justified by an appropriate showing by the state. Accordingly, the initial findings of the trial court are not relevant at this point, and questions regarding the continued incompetency of the defendant are to be considered by the trial court de novo.