Section 5-2-309 - Determination of fitness to proceed

(a) If the defendant's fitness to proceed becomes an issue at any stage of the case, the issue of the defendant's fitness to proceed shall be determined by the court.(b) If neither party contests the finding of the report filed pursuant to § 5-2-327, the court may make the determination under subsection (a) of this section on the basis of the report.(c) If the finding of the report is contested, the court shall hold a hearing on the issue of the defendant's fitness to proceed.Amended by Act 2017, No. 472,§ 8, eff. 8/1/2017.Acts 1975, No. 280, § 606; A.S.A. 1947, § 41-606.