District Of Columbia § 24-531.02 - Competence to proceed — Generally.

Full text of District Of Columbia D.C. Code § 24-531.02 — Competence to proceed — Generally., with citation guidance and answers to common questions.

§ 24-531.02. Competence to proceed — Generally.

24-531.02
(a)

A defendant shall not be tried, be sentenced, enter a guilty plea, or be subject to revocation of probation or a transfer proceeding if the court determines that the defendant is incompetent.

(b)
(1)

Any proceeding to determine whether a defendant is incompetent shall not delay a determination of probable cause to believe that the defendant has committed the offense with which he or she is charged or the defendant’s eligibility for pretrial release or detention pursuant to or .

(2)

A defendant who is otherwise entitled to pretrial release shall not be involuntarily confined or taken into custody solely because the issue of the defendant’s competence has been raised and an examination or treatment has been ordered, unless the court determines that the defendant may be committed as an inpatient for a full competence examination pursuant to or for competence treatment pursuant to .

(3)

If the court orders a full competence examination or competence treatment on an outpatient basis, the court may order the defendant to appear at a designated time and place for the examination or treatment and may make the appearance a condition of the defendant’s pretrial release.

(c)

The prosecutor or defense attorney may file any motion in the underlying criminal case, transfer proceeding, or probation revocation at any time while the defendant is incompetent. The court shall hear and decide any issue presented by the motion if the defendant’s presence is not constitutionally required or, as determined by the court, essential for a fair hearing.

(d)

Nothing in this chapter shall be construed to prevent the government or any person from petitioning the court for involuntary civil commitment pursuant to [ et seq.] or [ et seq.].

Annotations

Source: official District Of Columbia text · Last verified 2026-08-27

Frequently Asked Questions About District Of Columbia § 24-531.02

What does D.C. Code § 24-531.02 cover?

Section 24-531.02 ("Competence to proceed — Generally.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite District Of Columbia § 24-531.02?

A common citation format is "D.C. Code § 24-531.02" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of District Of Columbia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.

How does District Of Columbia § 24-531.02 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.