31-9-1: Determination of competency; raising the issue.

A. When a party or the court raises a question as to a defendant's competency to stand trial in a criminal case, the proceeding shall be suspended until the issue is determined.

B. Unless the case is dismissed upon motion of a party or through diversion, if the question of a defendant's competency is raised in a court other than a district court or metropolitan court, the case shall be transferred to the district court; provided that if the question of a defendant's competency is raised in a metropolitan court and the court determines that the defendant is not competent to stand trial, the case shall be transferred to the district court.