16-8.5-109. Advisement on matters to be determined

16-8.5-109. Advisement on matters to be determined. (1) When a determination is to be made as to a defendant's competency to proceed, the court shall explain to the defendant the nature and consequences of the proceeding and the rights of the defendant under this section. The defendant, if the defendant wishes to contest the question, may request a competency hearing that the court shall grant as a matter of right.

(2) At a competency hearing, the defendant and the prosecuting attorney are entitled:

(a) To be present in person;

(b) To examine any reports of the competency evaluation or other matter to be considered by the court as bearing upon the determination;

(c) To introduce evidence, summon witnesses, cross-examine opposing witnesses or witnesses called by the court; and

(d) To make opening and closing statements and arguments.

(3) The court may examine or cross-examine any witness called by the defendant or prosecuting attorney at a competency hearing and may summon and examine witnesses on the court's own motion.