reglab/housing_qa huggingface dataset:
NC Gen Stat § 15A-1001 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 56 - Incapacity to Proceed.|§ 15A-1001 - No proceedings when defendant mentally incapacitated; exception.

 15A-1001. No proceedings when defendant mentally incapacitated; exception.(a) No person may be tried, convicted, sentenced, or punished for a crime when by reason of mental illness or defect he is unable to understand the nature and object of the proceedings against him, to comprehend his own situation in reference to the proceedings, or to assist in his defense in a rational or reasonable manner. This condition is hereinafter referred to as "incapacity to proceed."(b) This section does not prevent the court from going forward with any motions which can be handled by counsel without the assistance of the defendant. (1973, c. 1286, s. 1.)
NC Gen Stat § 15A-1003 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 56 - Incapacity to Proceed.|§ 15A-1003 - Referral of incapable defendant for civil commitment proceedings.

 15A-1003. Referral of incapable defendant for civil commitment proceedings.(a) When a defendant is found to be incapable of proceeding, the presiding judge, upon such additional hearing, if any, as he determines to be necessary, shall determine whether there are reasonable grounds to believe the defendant meets the criteria for involuntary commitment under Part 7 of Article 5 of Chapter 122C of the General Statutes. If the presiding judge finds reasonable grounds to believe that the defendant meets the criteria, he shall make findings of fact and issue a custody order in the same manner, upon the same grounds and with the same effect as an order issued by a clerk or magistrate pursuant to G.S. 122C-261. Proceedings thereafter are in accordance with Part 7 of Article 5 of Chapter 122C of the General Statutes. If the defendant was charged with a violent crime, including a crime involving assault with a deadly weapon, the judge's custody order shall require a law-enforcement officer to take the defendant directly to a 24-hour facility as described in G.S. 122C-252; and the order must indicate that the defendant was charged with a violent crime and that he was found incapable of proceeding.(b) The court may make appropriate orders for the temporary detention of the defendant pending that proceeding.(c) Evidence used at the hearing with regard to capacity to proceed is admissible in the involuntary civil commitment proceedings. (1973, c. 1286, s. 1; 1975, c. 166, s. 20; 1983, c. 380, s. 1; 1985, c. 589, s. 10; 1987, c. 596, s. 5.)
NC Gen Stat § 15A-1005 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 56 - Incapacity to Proceed.|§ 15A-1005 - Reporting to court with regard to defendants incapable of proceeding.

 15A-1005. Reporting to court with regard to defendants incapable of proceeding.The clerk of the court in which the criminal proceeding is pending must keep a docket of defendants who have been determined to be incapable of proceeding. The clerk must submit the docket to the senior resident superior court judge in his district at least semiannually. (1973, c. 1286, s. 1.)
NC Gen Stat § 15A-1006 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 56 - Incapacity to Proceed.|§ 15A-1006 - Return of defendant for trial upon gaining capacity.

 15A-1006. Return of defendant for trial upon gaining capacity.If a defendant who has been determined to be incapable of proceeding, and who is in the custody of an institution or an individual, has been determined by the institution or individual having custody to have gained capacity to proceed, the individual or institution shall provide written notification to the clerk in the county in which the criminal proceeding is pending. The clerk shall provide written notification to the district attorney, the defendant's attorney, and the sheriff. The sheriff shall return the defendant to the county for a supplemental hearing pursuant to G.S. 15A-1007, if conducted, and trial and hold the defendant for a supplemental hearing and trial, subject to the orders of the court entered pursuant to G.S. 15A-1004.  (1973, c. 1286, s. 1; 2013-18, s. 3.)
NC Gen Stat § 15A-1007 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 56 - Incapacity to Proceed.|§ 15A-1007 - Supplemental hearings.

 15A-1007. Supplemental hearings.(a) When it has been reported to the court that a defendant has gained capacity to proceed, or when the defendant has been determined by the individual or institution having custody of him to have gained capacity and has been returned for trial, in accordance with G.S. 15A-1004(e) and G.S. 15A-1006, the clerk shall notify the district attorney. Upon receiving the notification, the district attorney shall calendar the matter for hearing at the next available term of court but no later than 30 days after receiving the notification. The court may hold a supplemental hearing to determine whether the defendant has capacity to proceed. The court may take any action at the supplemental hearing that it could have taken at an original hearing to determine the capacity of the defendant to proceed.(b) The court may hold a supplemental hearing any time upon its own determination that a hearing is appropriate or necessary to inquire into the condition of the defendant.(c) The court must hold a supplemental hearing if it appears that any of the conditions for dismissal of the charges have been met.(d) If the court determines in a supplemental hearing that a defendant has gained the capacity to proceed, the case shall be calendared for trial at the earliest practicable time. Continuances that extend beyond 60 days after initial calendaring of the trial shall be granted only in extraordinary circumstances when necessary for the proper administration of justice, and the court shall issue a written order stating the grounds for granting the continuance.  (1973, c. 1286, s. 1; 2013-18, s. 4.)
NC Gen Stat § 15A-1008 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 56 - Incapacity to Proceed.|§ 15A-1008 - Dismissal of charges.

 15A-1008. Dismissal of charges.(a) When a defendant lacks capacity to proceed, the court shall dismiss the charges upon the earliest of the following occurrences:(1) When it appears to the satisfaction of the court that the defendant will not gain capacity to proceed.(2) When as a result of incarceration, involuntary commitment to an inpatient facility, or other court-ordered confinement, the defendant has been substantially deprived of his liberty for a period of time equal to or in excess of the maximum term of imprisonment permissible for prior record Level VI for felonies or prior conviction Level III for misdemeanors for the most serious offense charged.(3) Upon the expiration of a period of five years from the date of determination of incapacity to proceed in the case of misdemeanor charges and a period of 10 years in the case of felony charges.(b) A dismissal entered pursuant to subdivision (2) of subsection (a) of this section shall be without leave.(c) A dismissal entered pursuant to subdivision (1) or (3) of subsection (a) of this section shall be issued without prejudice to the refiling of the charges. Upon the defendant becoming capable of proceeding, the prosecutor may reinstitute proceedings dismissed pursuant to subdivision (1) or (3) of subsection (a) of this section by filing written notice with the clerk, with the defendant, and with the defendant's attorney of record.(d) Dismissal of criminal charges pursuant to this section shall be upon motion of the prosecutor or the defendant or upon the court's own motion.  (1973, c. 1286, s. 1; 2013-18, s. 5.)
NC Gen Stat § 15A-1012 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 57 - Pleas.|§ 15A-1012 - Aid of counsel; time for deliberation.

 15A-1012. Aid of counsel; time for deliberation.(a) A defendant may not be called upon to plead until he has had an opportunity to retain counsel or, if he is eligible for assignment of counsel, until counsel has been assigned or waived in accordance with Article 36 of Chapter 7A of the General Statutes.(b) In cases in the original jurisdiction of the superior court a defendant who has waived counsel may not plead within less than seven days following the date he was arrested or was otherwise informed of the charge. (1973, c. 1286, s. 1.)
NC Gen Stat § 15A-1022 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 58 - Procedures Relating to Guilty Pleas in Superior Court.|§ 15A-1022 - Advising defendant of consequences of guilty plea; informed choice; factual basis for plea; admission of guilt not required.

 15A-1022. Advising defendant of consequences of guilty plea; informed choice; factual basis for plea; admission of guilt not required.(a) Except in the case of corporations or in misdemeanor cases in which there is a waiver of appearance under G.S. 15A-1011(a)(3), a superior court judge may not accept a plea of guilty or no contest from the defendant without first addressing him personally and:(1) Informing him that he has a right to remain silent and that any statement he makes may be used against him;(2) Determining that he understands the nature of the charge;(3) Informing him that he has a right to plead not guilty;(4) Informing him that by his plea he waives his right to trial by jury and his right to be confronted by the witnesses against him;(5) Determining that the defendant, if represented by counsel, is satisfied with his representation;(6) Informing him of the maximum possible sentence on the charge for the class of offense for which the defendant is being sentenced, including that possible from consecutive sentences, and of the mandatory minimum sentence, if any, on the charge; and(7) Informing him that if he is not a citizen of the United States of America, a plea of guilty or no contest may result in deportation, the exclusion from admission to this country, or the denial of naturalization under federal law.(b) By inquiring of the prosecutor and defense counsel and the defendant personally, the judge must determine whether there were any prior plea discussions, whether the parties have entered into any arrangement with respect to the plea and the terms thereof, and whether any improper pressure was exerted in violation of G.S. 15A-1021(b). The judge may not accept a plea of guilty or no contest from a defendant without first determining that the plea is a product of informed choice.(c) The judge may not accept a plea of guilty or no contest without first determining that there is a factual basis for the plea. This determination may be based upon information including but not limited to:(1) A statement of the facts by the prosecutor.(2) A written statement of the defendant.(3) An examination of the presentence report.(4) Sworn testimony, which may include reliable hearsay.(5) A statement of facts by the defense counsel.(d) The judge may accept the defendant's plea of no contest even though the defendant does not admit that he is in fact guilty if the judge is nevertheless satisfied that there is a factual basis for the plea. The judge must advise the defendant that if he pleads no contest he will be treated as guilty whether or not he admits guilt. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1989, c. 280; 1993, c. 538, s. 10; 1994, Ex. Sess., c. 24, s. 14(b).)
NC Gen Stat § 15A-1022.1 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 58 - Procedures Relating to Guilty Pleas in Superior Court.|§ 15A-1022.1 - Procedure in accepting admissions of the existence of aggravating factors in felonies.

 15A-1022.1. Procedure in accepting admissions of the existence of aggravating factors in felonies.(a) Before accepting a plea of guilty or no contest to a felony, the court shall determine whether the State intends to seek a sentence in the aggravated range. If the State does intend to seek an aggravated sentence, the court shall determine which factors the State seeks to establish. The court shall determine whether the State seeks a finding that a prior record level point should be found under G.S. 15A-1340.14(b)(7). The court shall also determine whether the State has provided the notice to the defendant required by G.S. 15A-1340.16(a6) or whether the defendant has waived his or her right to such notice.(b) In all cases in which a defendant admits to the existence of an aggravating factor or to a finding that a prior record level point should be found under G.S. 15A-1340.14(b)(7), the court shall comply with the provisions of G.S. 15A-1022(a). In addition, the court shall address the defendant personally and advise the defendant that:(1) He or she is entitled to have a jury determine the existence of any aggravating factors or points under G.S. 15A-1340.14(b)(7); and(2) He or she has the right to prove the existence of any mitigating factors at a sentencing hearing before the sentencing judge.(c) Before accepting an admission to the existence of an aggravating factor or a prior record level point under G.S. 15A-1340.14(b)(7), the court shall determine that there is a factual basis for the admission, and that the admission is the result of an informed choice by the defendant. The court may base its determination on the factors specified in G.S. 15A-1022(c), as well as any other appropriate information.(d) A defendant may admit to the existence of an aggravating factor or to the existence of a prior record level point under G.S. 15A-1340.14(b)(7) before or after the trial of the underlying felony.(e) The procedures specified in this Article for the handling of pleas of guilty are applicable to the handling of admissions to aggravating factors and prior record points under G.S. 15A-1340.14(b)(7), unless the context clearly indicates that they are inappropriate. (2005-145, s. 4.)
NC Gen Stat § 15A-1023 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 58 - Procedures Relating to Guilty Pleas in Superior Court.|§ 15A-1023 - Action by judge in plea arrangements relating to sentence; no approval required when arrangement does not relate to sentence.

 15A-1023. Action by judge in plea arrangements relating to sentence; no approval required when arrangement does not relate to sentence.(a) If the parties have agreed upon a plea arrangement pursuant to G.S. 15A-1021 in which the prosecutor has agreed to recommend a particular sentence, they must disclose the substance of their agreement to the judge at the time the defendant is called upon to plead.(b) Before accepting a plea pursuant to a plea arrangement in which the prosecutor has agreed to recommend a particular sentence, the judge must advise the parties whether he approves the arrangement and will dispose of the case accordingly. If the judge rejects the arrangement, he must so inform the parties, refuse to accept the defendant's plea of guilty or no contest, and advise the defendant personally that neither the State nor the defendant is bound by the rejected arrangement. The judge must advise the parties of the reasons he rejected the arrangement and afford them an opportunity to modify the arrangement accordingly. Upon rejection of the plea arrangement by the judge the defendant is entitled to a continuance until the next session of court. A decision by the judge disapproving a plea arrangement is not subject to appeal. If a judge rejects a plea arrangement disclosed, in open court, pursuant to subsection (a) of this section, then the judge shall order that the rejection be noted on the plea transcript and shall order that the plea transcript with the notation of the rejection be made a part of the record.(c) If the parties have entered a plea arrangement relating to the disposition of charges in which the prosecutor has not agreed to make any recommendations concerning sentence, the substance of the arrangement must be disclosed to the judge at the time the defendant is called upon to plead. The judge must accept the plea if he determines that the plea is the product of the informed choice of the defendant and that there is a factual basis for the plea.  (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1977, c. 186; 2009-179, s. 1.)
NC Gen Stat § 15A-1024 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 58 - Procedures Relating to Guilty Pleas in Superior Court.|§ 15A-1024 - Withdrawal of guilty plea when sentence not in accord with plea arrangement.

 15A-1024. Withdrawal of guilty plea when sentence not in accord with plea arrangement.If at the time of sentencing, the judge for any reason determines to impose a sentence other than provided for in a plea arrangement between the parties, the judge must inform the defendant of that fact and inform the defendant that he may withdraw his plea. Upon withdrawal, the defendant is entitled to a continuance until the next session of court. (1973, c. 1286, s. 1.)
NC Gen Stat § 15A-1025 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 58 - Procedures Relating to Guilty Pleas in Superior Court.|§ 15A-1025 - Plea discussion and arrangement inadmissible.

 15A-1025. Plea discussion and arrangement inadmissible.The fact that the defendant or his counsel and the prosecutor engaged in plea discussions or made a plea arrangement may not be received in evidence against or in favor of the defendant in any criminal or civil action or administrative proceedings. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
NC Gen Stat § 15A-1026 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 58 - Procedures Relating to Guilty Pleas in Superior Court.|§ 15A-1026 - Record of proceedings.

 15A-1026. Record of proceedings.A verbatim record of the proceedings at which the defendant enters a plea of guilty or no contest and of any preliminary consideration of a plea arrangement by the judge pursuant to G.S. 15A-1021(c) must be made and preserved. This record must include the judge's advice to the defendant, and his inquiries of the defendant, defense counsel, and the prosecutor, and any responses. If the plea arrangement has been reduced to writing, it must be made a part of the record; otherwise the judge must require that the terms of the arrangement be stated for the record and that the assent of the defendant, his counsel, and the prosecutor be recorded. If the judge rejects the plea arrangement under G.S. 15A-1023(b), then the rejection of the plea arrangement must also be made part of the record pursuant to G.S. 15A-1023(b).  (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1975, 2nd Sess., c. 983, s. 144; 2009-179, s. 2.)
NC Gen Stat § 15A-1027 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 58 - Procedures Relating to Guilty Pleas in Superior Court.|§ 15A-1027 - Limitation on collateral attack on conviction.

 15A-1027. Limitation on collateral attack on conviction.Noncompliance with the procedures of this Article may not be a basis for review of a conviction after the appeal period for the conviction has expired. (1973, c. 1286, s. 1; 1975, c. 166, s. 21; 1989, c. 290, s. 4.)
NC Gen Stat § 15A-1029.1 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 58A - Procedures Relating to Felony Guilty Pleas in District Court.|§ 15A-1029.1 - Transfer of case from superior court to district court to accept guilty and no contest pleas for certain felony offenses.

 15A-1029.1. Transfer of case from superior court to district court to accept guilty and no contest pleas for certain felony offenses.(a) With the consent of both the prosecutor and the defendant, the presiding superior court judge may order a transfer of the defendant's case to the district court for the purpose of allowing the defendant to enter a plea of guilty or no contest to a Class H or I felony.(b) The provisions of Article 58 of this Chapter apply to a case transferred under this section from superior court to district court in the same manner as if the plea were entered in superior court. Appeals that are authorized in these matters are to the appellate division. (1995 (Reg. Sess., 1996), c. 725, s. 6.)
NC Gen Stat § 15A-1031 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 59 - Maintenance of Order in the Courtroom.|§ 15A-1031 - Custody and restraint of defendant and witnesses.

 15A-1031. Custody and restraint of defendant and witnesses.A trial judge may order a defendant or witness subjected to physical restraint in the courtroom when the judge finds the restraint to be reasonably necessary to maintain order, prevent the defendant's escape, or provide for the safety of persons. If the judge orders a defendant or witness restrained, he must:(1) Enter in the record out of the presence of the jury and in the presence of the person to be restrained and his counsel, if any, the reasons for his action; and(2) Give the restrained person an opportunity to object; and(3) Unless the defendant or his attorney objects, instruct the jurors that the restraint is not to be considered in weighing evidence or determining the issue of guilt.If the restrained person controverts the stated reasons for restraint, the judge must conduct a hearing and make findings of fact. (1977, c. 711, s. 1.)
NC Gen Stat § 15A-1032 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 59 - Maintenance of Order in the Courtroom.|§ 15A-1032 - Removal of disruptive defendant.

 15A-1032. Removal of disruptive defendant.(a) A trial judge, after warning a defendant whose conduct is disrupting his trial, may order the defendant removed from the trial if he continues conduct which is so disruptive that the trial cannot proceed in an orderly manner. When practicable, the judge's warning and order for removal must be issued out of the presence of the jury.(b) If the judge orders a defendant removed from the courtroom, he must:(1) Enter in the record the reasons for his action; and(2) Instruct the jurors that the removal is not to be considered in weighing evidence or determining the issue of guilt.A defendant removed from the courtroom must be given the opportunity of learning of the trial proceedings through his counsel at reasonable intervals as directed by the court and must be given opportunity to return to the courtroom during the trial upon assurance of his good behavior. (1977, c. 711, s. 1.)
NC Gen Stat § 15A-1033 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 59 - Maintenance of Order in the Courtroom.|§ 15A-1033 - Removal of disruptive witnesses and spectators.

 15A-1033. Removal of disruptive witnesses and spectators.The judge in his discretion may order any person other than a defendant removed from a courtroom when his conduct disrupts the conduct of the trial. (1977, c. 711, s. 1.)
NC Gen Stat § 15A-1034 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 59 - Maintenance of Order in the Courtroom.|§ 15A-1034 - Controlling access to the courtroom.

 15A-1034. Controlling access to the courtroom.(a) The presiding judge may impose reasonable limitations on access to the courtroom when necessary to ensure the orderliness of courtroom proceedings or the safety of persons present.(b) The judge may order that all persons entering or any person present and choosing to remain in the courtroom be searched for weapons or devices that could be used to disrupt or impede the proceedings and may require that belongings carried by persons entering the courtroom be inspected. An order under this subsection must be entered on the record. (1977, c. 711, s. 1.)