(1) The court may order a restoration hearing at any time on its own motion, on motion of an attorney for the state, or on motion of the convicted person's attorney. The court shall order a hearing if the executive director of the department of corrections files a report that the convicted person is no longer mentally incompetent to be executed.
At the hearing, if the question is contested, the burden of submitting evidence and theburden of proof by clear and convincing evidence shall be upon the party asserting that the convicted person is mentally competent to be executed.
At the hearing, the court shall determine whether the convicted person is mentallycompetent to be executed and, if so, shall order that the execution be conducted according to the original warrant issued pursuant to section 18-1.3-1205, if unexpired, or shall issue a new warrant appointing a time for execution of the judgment.
Source: L. 2002: Entire article added with relocations, p. 1463, § 2, effective October 1.
Editor's note: This section is similar to former § 16-8-306 as it existed prior to 2002.