(4)9.2.2 Initiating Competency Evaluation

(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.