New Jersey § 2c:4-6

§ 2c:4-6.

Determination of Fitness to Proceed; Effect of Finding of Unfitness; Proceedings

if Fitness is Regained; Post-Commitment Hearing a. When the issue of the defendant's fitness to proceed is raised, the issue shall

be determined by the court. If neither the prosecutor nor counsel for the defendant contests the finding of

the report filed pursuant to section 2C:4-5 , the court may make the determination on the basis of such report. If the finding is contested or if there is no report, the court shall hold a hearing

on the issue. If the report is received in evidence upon such hearing, either party shall have

the right to summon and examine the psychiatrists or licensed psychologists who joined

in the report and to offer evidence upon the issue. b. If the court determines that the defendant lacks fitness to proceed, the proceeding

against him shall be suspended, except as provided in subsection c. of this section. At this time, the court may commit him to the custody of the Commissioner of Human

Services to be placed in an appropriate institution if it is found that the defendant

is so dangerous to himself or others as to require institutionalization, or it shall

proceed to determine whether placement in an out-patient setting or release is appropriate;

provided, however, that no commitment to any institution shall be in excess of such

period of time during which it can be determined whether it is substantially probable

that the defendant could regain his competence within the foreseeable future. If the court determines that the defendant is fit to proceed, but suffers from mental

illness, as defined in section 2 of P.L.1987, c. 116 ( C.30:4-27.2 ), that does not require institutionalization, the court shall order the defendant

to be provided appropriate treatment in the jail or prison in which the defendant

is incarcerated. Where the defendant is incarcerated in a county correctional facility, the county

shall provide or arrange for this treatment. The Department of Corrections shall reimburse the county for the reasonable costs

of treatment, as determined by the Commissioner of Corrections, provided that the

county has submitted to the commissioner such documentation and verification as the

commissioner shall require. c. If the defendant has not regained his fitness to proceed within three months, the

court shall hold a hearing on the issue of whether the charges against him shall be

dismissed with prejudice or held in abeyance. The hearing shall be held only upon notice to the prosecutor and with an opportunity

for the prosecutor to be heard. When the charges are not dismissed, each defendant's case shall be specifically

reviewed by the court at six-month intervals until an order is made by the court that

the defendant stand trial or that the charges be dismissed. There shall be a presumption that charges against a defendant who is not competent

to proceed shall be held in abeyance. The presumption can be overcome only if the court determines, using the factors

set forth in this subsection, that continuing the criminal prosecution under the particular

circumstances of the case would constitute a constitutionally significant injury to

the defendant attributable to undue delay in being brought to trial. In determining whether the charges shall be held in abeyance or dismissed, the court

shall weigh the following factors: the defendant's prospects for regaining competency;

the period of time during which the defendant has remained incompetent; the nature

and extent of the defendant's institutionalization; the nature and gravity of the

crimes charged; the effects of delay on the prosecution; the effects of delay on

the defendant, including any likelihood of prejudice to the defendant in the trial

arising out of the delay; and the public interest in prosecuting the charges. d. When the court, on its own motion or upon application of the commissioner, his

designee or either party, determines after a hearing, if a hearing is requested, that

the defendant has regained fitness to proceed, the proceedings shall be resumed. e. (Deleted by amendment, P.L.1996, c. 133 ). f. The fact that the defendant is unfit to proceed does not preclude determination

of any legal objection to the prosecution which is susceptible of fair determination

prior to trial and without the personal participation of the defendant.