Upon completion of the mental examination of the defendant, the court conducts a hearing to determine the defendant’s mental status. If on the basis of the hearing the court finds:
(1) That the defendant is not mentally competent to stand trial, then the court orders the defendant confined. If the defendant is confined on this basis only, the order shall contain a provision for a hearing within 120 days, unless, for good cause shown, the court orders an extension not to exceed 120 days. The purpose of the hearing is to determine whether there is a substantial probability that the defendant will recover mental competence to stand trial within 1 year from the date of the hearing or the maximum imprisonment imposable under the charge filed against the defendant whichever is lesser. If the court determines there is a substantial probability that the defendant will attain mental competence to stand trial within that period, then the defendant may be further confined; provided, that confinement is justified by progress toward attainment of competency to stand trial and is accompanied by appropriate mental health care and treatment. If the court determines at the hearing or any time later that there is not a substantial probability that the defendant will attain mental competence to stand trial within that period, then the defendant must be released or recommitted under alternative commitment procedures.
(2) That the defendant was insane at the time of the commission of the criminal act, then the court shall order the defendant to be confined, unless it appears to the court that the defendant has fully recovered his sanity, in which case the defendant is released. After a finding of insanity and within 6 months, an additional hearing is held to determine whether the defendant’s sanity has been fully recovered. Upon a finding that defendant’s sanity has not been recovered, the defendant may make further applications for hearings on the defendant’s recovery of sanity provided that 1 year elapses between the applications, and further provided that:
(A) the burden of proving recovery of sanity is on the defendant;
(B) upon the expiration of the maximum imprisonment imposable against the defendant provided by virtue of the criminal charges filed against defendant, the defendant must be released or recommitted according to alternative commitment procedures.History: 1979, PL 16-43 § 2.
The Court may order a mentally incompetent defendant to be confined for a maximum of 120 days; within 120 days a hearing shall be held to determine whether the defendant has become competent to stand trial and, if not, whether there is a substantial probability that he will attain competency within one year or the maximum term of imprisonment for the crime charged. A.S.C.A. § 46.1305 American Samoa Government v. Taylor, 16 A.S.R.2d 44 (1990).
Research Guide: 15 ASC 7805