§ 7–1304.06a. Hearing and determination by Court or jury.
(a) For a commitment hearing on a petition filed pursuant to § 7-1303.04(b-1), a person found incompetent in a criminal case may demand a jury trial, and shall be so informed of this right. The demand shall be made at the status hearing held pursuant to § 7-1304.05(b). If a timely demand for jury trial is not made, the Court shall serve as the factfinder at the hearing. A hearing by the Court or jury shall be accorded with all reasonable speed.
(b) The comprehensive evaluation report and individual habilitation plan required by § 7-1304.03 shall be completed prior to the hearing.
(c) The person found incompetent in a criminal case shall have the right to be present during the trial or hearings and to testify, but shall not be compelled to testify, and shall be so advised by the Court. The person shall have the right to be represented by counsel, retained or appointed by the Court, in any hearing or trial, and shall be so informed by the Court of this right. The person shall have the right to call witnesses and present evidence, and to cross-examine opposing witnesses.
(d) If the Court or jury finds that the person does not have an intellectual disability or that the person is not likely to cause injury to others as a result of the person’s intellectual disability if allowed to remain at liberty, the Court shall dismiss the petition. If the Court or jury finds that the person has an intellectual disability and is likely to cause injury to others as a result of the person’s intellectual disability if allowed to remain at liberty, the Court shall order commitment to DDS for placement in a facility that would be the least restrictive means of providing the habilitation indicated by the [individual] habilitation plan required under § 7-1304.03 and of preventing the person from causing injury to others as a result of the person’s intellectual disability.