N.C. Gen. Stat. § 15A-1007: (Effective December 1, 2026) Supplemental capacity hearings.

(a) Upon receiving notification from the clerk under G.S. 15A-1006 that a defendant has likely gained capacity to proceed, the district attorney shall calendar the matter for hearing within 30 days of receiving the notification or at the next available term of court. The court may hold a supplemental hearing to determine whether the defendant has capacity to proceed. The parties may stipulate to the defendant's capacity but not to the defendant's lack of capacity. If the parties stipulate to a finding of capacity, the judge may review new evidence, including new evaluations, and make a determination of capacity without holding a hearing.

(b) If the court determines that a defendant has gained the capacity to proceed, the case shall be calendared for trial at the earliest practicable time. Continuances that extend beyond 60 days after initial calendaring of the trial shall be granted only in extraordinary circumstances when necessary for the proper administration of justice, and the court shall issue a written order stating the grounds for granting the continuance. The court may order the defendant to receive capacity restoration services pending further criminal proceedings if the court finds that such services are reasonably available and reasonably necessary to ensure the defendant's capacity does not deteriorate.

(c) The court shall hold a supplemental capacity hearing within a reasonable time after any of the following:

(1) When the defendant has been ordered to participate in a capacity restoration program pursuant to G.S. 15A-1003(d) and the program has not reported to the clerk that the defendant has gained capacity to proceed prior to the end of the defendant's enrollment period.

(2) Every four months if, pursuant to G.S. 15A-1003(d), the court has previously waived the requirement for capacity restoration services.

(3) Every four months if, pursuant to G.S. 15A-1003(e), the defendant has been found not likely to gain capacity within the foreseeable future and the charges have not already been disposed.

(4) When it appears to the court that any of the conditions for disposition under G.S. 15A-1008 have been met.

(d) Upon motion of the district attorney, the defendant's attorney, or the court's own motion, the court may hold a supplemental hearing any time the court determines it appropriate or necessary to inquire into the condition of the defendant or to consider matters relevant to disposition under G.S. 15A-1008.

(e) The court may take any action upon supplemental hearing that the court could have taken at the initial hearing on a defendant's capacity to proceed. [The following provisions apply:]

(1) A defendant may be ordered to participate in a capacity restoration program pursuant to G.S. 15A-1003(d) whenever the court finds upon supplemental hearing that it is reasonably likely the defendant will gain capacity to proceed within the foreseeable future. The court may also extend the time for capacity restoration services in further increments of no more than four months per extension, not counting wait times for program entry, upon a finding that the defendant's continued participation in a capacity restoration program is reasonably likely to restore the defendant's capacity. A defendant who is not charged with a felony offense may not be required to participate in a capacity restoration program under G.S. 15A-1003(d) with respect to the same charges for a total period exceeding 12 months, not inclusive of wait times for program entry. Additionally, a defendant's enrollment in a capacity restoration program will not operate to preclude dismissal of the charges when any condition of G.S. 15A-1008 is found to be met.

(2) At any supplemental hearing when the court finds reasonable grounds that a defendant who lacks capacity to proceed probably has a mental illness and is either (i) dangerous to self or others as defined under G.S. 122C-3 or (ii) in need of treatment in order to prevent further disability or deterioration that would predictably result in dangerousness, the court may proceed with a referral for civil commitment pursuant to G.S. 15A-1003(a).

(3) A defendant released or discharged from involuntary civil commitment but who is found to still lack capacity to proceed is subject to appropriate supplemental court orders pursuant to G.S. 15A-1003 if the charges are not dismissed pursuant to G.S. 15A-1008, including orders to participate in a capacity restoration program pursuant to G.S. 15A-1003(d). (1973, c. 1286, s. 1; 2013-18, s. 4; 2026-38, s. 13(g).)