(a) For a commitment hearing on a petition filed pursuant to § 7-1303.04(b-1), a person found incompetent in a criminal case may demand a jury trial, and shall
be so informed of this right. The demand shall be made at the status hearing held pursuant to § 7-1304.05(b). If a timely demand for jury trial is not made, the Court shall serve as the factfinder
at the hearing. A hearing by the Court or jury shall be accorded with all reasonable speed.
(b) The comprehensive evaluation report and individual habilitation plan required
by § 7-1304.03 shall be completed prior to the hearing.
(c) The person found incompetent in a criminal case shall have the right to be present
during the trial or hearings and to testify, but shall not be compelled to testify,
and shall be so advised by the Court. The person shall have the right to be represented by counsel, retained or appointed
by the Court, in any hearing or trial, and shall be so informed by the Court of this
right. The person shall have the right to call witnesses and present evidence, and to cross-examine
(d) If the Court or jury finds that the person does not have an intellectual disability
or that the person is not likely to cause injury to others as a result of the person's
intellectual disability if allowed to remain at liberty, the Court shall dismiss the
petition. If the Court or jury finds that the person has an intellectual disability and is
likely to cause injury to others as a result of the person's intellectual disability
if allowed to remain at liberty, the Court shall order commitment to DDS for placement
in a facility that would be the least restrictive means of providing the habilitation
indicated by the person’s habilitation plan required under § 7-1304.03 and of preventing the person from causing injury to others as a result of the person's
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