Competency to refuse treatment; length of sentence

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13-4511. Competency to refuse treatment; length of sentence

If the court finds that a defendant is incompetent to stand trial, the court shall determine:

1. If the defendant is incompetent to refuse treatment, including medication, and should be subject to involuntary treatment.

2. The maximum sentence the defendant could have received pursuant to section 13-702, section 13-703, section 13-704, subsection A, B, C, D or E, section 13-705, section 13-706, subsection A, section 13-707, section 13-708, subsection D, section 13-710 or section 13-1406 or the sentence the defendant could have received pursuant to section 13-751, subsection A or any section for which a specific sentence is authorized. In making this determination the court shall not consider the sentence enhancements for prior convictions under section 13-703 or 13-704.


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