NC S45

Requires courts to order examination of defendant's capacity to proceed in both misdemeanor and felony cases, with reports to be completed within 10-30 days depending on custody status and offense level.

Establishes that courts must dismiss charges when a defendant: (1) will not gain capacity to proceed, (2) has been confined for a period equal to or exceeding the maximum sentence for the offense, or (3) has been incapacitated for 5 years (misdemeanor) or 10 years (felony).

Mandates that dismissals under the deprivation of liberty standard are without leave, while dismissals under other grounds are without prejudice and allow prosecutors to reinstitute charges if defendant regains capacity.

Requires courts to order capacity examinations before release of defendants from involuntary civil commitment and before discharge from inpatient or outpatient treatment facilities.

Requires the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to develop training and credentialing standards for forensic evaluators and adopt treatment guidelines focused on restoring capacity to proceed.