Consequences of Non-Restorability
If, after a restorability hearing, the court “does not find that the party asserting that there is a substantial probability that the defendant, with restoration services, will attain competency in the reasonably foreseeable future,” statute dictates the court dismiss the case. § 16-8.5-111(5). The order to dismiss can be stayed for a period of time to permit the defendant be referred to Bridges Wraparound Care. The order to dismissal can also be stayed for 35 days and up to 175 days for certain serious offenses, to permit certain statutorily authorized persons, including the District Attorney, to attempt to civilly commit the defendant before the criminal case is dismissed. § 16-8.5-116.5(7), (8).