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