(4)9.2.3 Competency Evaluation

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(a) Appointment of Experts.

The court shall appoint qualified mental health professionals to conduct a competency evaluation when a bona fide question is raised.

(b) Scope of Evaluation.

  • Evaluators shall assess the defendant’s understanding of the proceedings, ability to communicate with counsel, and capacity to participate meaningfully in their defense.
  • Evaluators may review medical, psychiatric, and psychological records, conduct interviews, and observe courtroom behavior.

(c) Report and Recommendation.

  • Evaluators shall submit a written report to the court summarizing findings and providing a recommendation regarding competency.
  • The report shall be disclosed to counsel and the defendant unless the court orders otherwise for safety or privacy concerns.