(4)9.2.2 Initiating Competency Evaluation: Difference between revisions

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Created page with "(a) <b>Motion or Sua Sponte Determination</b>. * Either party may file a motion raising a bona fide question of the defendant’s competency. * The court may also raise the question sua sponte when there is reasonable cause to doubt competency. (b) <b>Factors Considered</b>. In evaluating competency, the court may consider: # Mental or cognitive impairments; # Developmental disabilities; # Medication or substance effects; # Observed behavior in court; and # Any exper..."
 
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# Developmental disabilities;
# Developmental disabilities;
# Medication or substance effects;
# Medication or substance effects;
# Observed behavior in court; and
# Observed behavior in court or detention; and
# Any expert evaluations or reports submitted pursuant to [[(4)9.2.3 Competency Evaluation|(4)9.2.3]].
# Any expert evaluations or reports submitted pursuant to [[(4)9.2.3 Competency Evaluation|(4)9.2.3]].

Latest revision as of 22:37, 22 December 2025

(a) Motion or Sua Sponte Determination.

  • Either party may file a motion raising a bona fide question of the defendant’s competency.
  • The court may also raise the question sua sponte when there is reasonable cause to doubt competency.

(b) Factors Considered.

In evaluating competency, the court may consider:

  1. Mental or cognitive impairments;
  2. Developmental disabilities;
  3. Medication or substance effects;
  4. Observed behavior in court or detention; and
  5. Any expert evaluations or reports submitted pursuant to (4)9.2.3.