77-15-3.5. Incompetent to proceed in misdemeanor cases. (1) When a defendant charged with a misdemeanor may be incompetent to proceed, any petition shall be filed in accordance with Section 77-15-3. (2) If the most severe charge against a defendant is a misdemeanor and the defendant is adjudicated by a court as incompetent to proceed: (a) the department shall provide restoration treatment to the defendant; and (b) the court may refer the defendant to pretrial diversion services, upon agreement of the prosecution and defense counsel. (3) Unless the prosecutor or another individual indicates that civil commitment proceedings will be initiated under Subsection 77-15-6(5)(c), a court shall release a defendant who is incompetent to proceed if: (a) the most severe charge against the defendant is a class B misdemeanor; (b) more than 60 days have passed after the day on which the court adjudicated the defendant incompetent to proceed; and (c) the defendant is not restored to competency. (4) The department shall provide restoration treatment to the defendant within the timeframe described in Subsection (3)(b). (5) The court may, but is not required to, dismiss the charges against a defendant who was released under Subsection (3).
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