District Of Columbia § 24-531.04 - Initial competence determination.
Full text of District Of Columbia D.C. Code § 24-531.04 — Initial competence determination., with citation guidance and answers to common questions.
§ 24-531.04. Initial competence determination.
24-531.04A hearing to determine competence of a defendant shall be set:
No more than 30 days from the date the competence examination is ordered for a defendant who is detained or committed for an inpatient examination; and
No more than 45 days from the date the competence examination is ordered for a defendant who is released and ordered to participate in an outpatient examination.
On its own motion or the motion of one of the parties, and for good cause shown, the court may extend the time for the hearing by not more than 15 days.
A defendant is presumed to be competent. Incompetence must be established by a preponderance of the evidence. The burden of proof is on the party asserting incompetence. The court may call its own witnesses and conduct its own inquiry.
At the conclusion of the hearing, the court shall:
Find that the defendant is competent; or
Find that the defendant is incompetent and:
Is likely to attain competence in the foreseeable future or additional time is necessary to assess whether the defendant is likely to attain competence in the foreseeable future; or
Is unlikely to attain competence in the foreseeable future.
If the court finds the defendant is competent, it shall resume the criminal case or transfer proceeding.
If the court finds the defendant is incompetent and makes either of the findings under paragraph (1)(B)(i) of this subsection, the court shall order treatment for the restoration of competence.
If the court finds the defendant is incompetent and unlikely to attain competence in the foreseeable future, the court shall order either the release of the defendant or further treatment pursuant to .
Annotations
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 24-531.04
What does D.C. Code § 24-531.04 cover?
Section 24-531.04 ("Initial competence determination.") 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 § 24-531.04?
A common citation format is "D.C. Code § 24-531.04" (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 § 24-531.04 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.