77-15-2. "Incompetent to proceed" defined.
For the purposes of this chapter, a person is incompetent to proceed if he is suffering from
a mental disorder or mental retardation resulting either in:
(1) his inability to have a rational and factual understanding of the proceedings against
him or of the punishment specified for the offense charged; or
(2) his inability to consult with his counsel and to participate in the proceedings against
him with a reasonable degree of rational understanding.
Amended by Chapter 162, 1994 General Session
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Last revised: Thursday, May 28, 2009