US Laws, Codes, Statutes & Cases

      1. Court order; permissive. The District Court or the Superior Court having jurisdiction in any criminal case for cause shown may order the defendant examined to determine the defendant's mental condition with reference to the issues of competency, criminal responsibility, abnormal condition of mind and any other issue involving the mental or emotional condition of the defendant. The examination may be conducted by the State Forensic Service or by a psychiatrist or licensed clinical psychologist independent of the State Forensic Service. If additional examinations are ordered, the court shall ensure that at least one examination is conducted by the State Forensic Service. The court in selecting an independent practitioner and the site of any examination shall consider proximity to the court, availability of an examiner or examiners and the necessity for security precautions. A person may not be presented for examination under this subsection without arrangements for that examination with the State Forensic Service or the independent practitioner being first made by the court, clerk of courts or sheriff. If the defendant is incarcerated, the examination is to be completed within 45 days from the date of the order. The State Forensic Service shall notify the court upon the completion of the examination. The opinion of the examiner or examiners relative to the competence, criminal responsibility, abnormal condition of mind or any other mental or emotional condition of the respondent must be reported without delay to the court following examination, together with copies to counsel for the respondent and counsel for the State.[1999, c. 510, §3 (amd).]
      2. Court order; mandatory. The court shall order the defendant to be further examined by a psychiatrist and a clinical psychologist from the State Forensic Service if:
   
A. It appears to the court, based on the report of any such examiner, that:    
(1) The defendant may suffer or may have suffered from a mental disease or defect, abnormal condition of mind or any mental or emotional condition affecting the defendant's guilt, criminal responsibility or competence to stand trial; or  
(2) Further observation is required; or [1993, c. 704, §1 (amd).]    
B. The defendant enters or persists in a plea of not criminally responsible by reason of insanity for a period in excess of 21 days after the report in subsection 1 is filed. [1987, c. 402, Pt. A, §109 (new).] [1993, c. 704, §1 (amd).]
      3. Availability of reports. The court may order that observations, interviews and investigative reports regarding the behavior of the defendant made by law enforcement officials be made available to the designated psychiatrist and licensed clinical psychologist of the State Forensic Service for the limited purpose of this examination. If the defendant is incarcerated, an initial examination to determine whether commitment to the custody of the Commissioner of Health and Human Services is necessary must be made within 90 days. If the defendant is incarcerated and it is determined that no long-term observation for the purpose of diagnosis is needed, the defendant's examinations must be completed within 30 days. If the examination by the designees can be completed without admission, a report of the results of the completed examination must be forwarded to the court without delay. If the designated examiners of the Commissioner of Health and Human Services determine that admission to an appropriate institution for the mentally ill or mentally retarded is necessary for complete examination, the examiners shall so notify the court, which may order the defendant committed to the custody of the Commissioner of Health and Human Services to be placed in an appropriate institution for the mentally ill or the mentally retarded, to be there detained and observed by the superintendent, or the superintendent's delegate, and professional staff for a period of time not to exceed 60 days, for the purpose of ascertaining the mental condition of the defendant. When further detention for observation is determined no longer necessary by the State Forensic Service, the commissioner shall report this fact to the court. The court shall then order the person returned to the appropriate court for disposition; if the court ordering commitment for observation has provided for remand to the county jail following completion of the observation in the commitment order, the sheriff or any one or more of the sheriff's deputies shall execute the remand order upon advice from the commissioner of completion of the observation. A report of the results of the observation must be forwarded promptly to the court by the commissioner. Subsection 1 governs the distribution of reports of examination pursuant to this subsection.[RR 1995, c. 2, §25 (cor); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §7 (rev).]
      4. Finding of incompetence, custody; bail. If after hearing upon motion of the attorney for the defendant, or upon the court's own motion, the court finds that any defendant is incompetent to stand trial, it shall continue the case until such time as the defendant is deemed by the court to be competent to stand trial and may either:
   
A. Commit the defendant to the custody of the Commissioner of Health and Human Services to be placed in an appropriate institution for the mentally ill or the mentally retarded for observation, care and treatment. At the end of 30 days or sooner, and again in the event of recommitment, at the end of 60 days and one year, the State Forensic Service shall forward a report to the Commissioner of Health and Human Services relative to the defendant's competence to stand trial and its reasons therefor. The commissioner shall without delay file the report with the court having jurisdiction of the case. The court shall without delay set a date for and hold a hearing on the question of the defendant's competence to stand trial and receive all relevant testimony bearing on the question. If the court determines that the defendant is not competent to stand trial, but there does exist a substantial probability that the defendant will be competent to stand trial in the foreseeable future, it shall recommit the defendant to the custody of the Commissioner of Health and Human Services to be placed in an appropriate institution for the mentally ill or the mentally retarded for observation, care and treatment. If the defendant is charged with an offense under Title 17-A, chapter 9, 11 or 13 or Title 17-A, section 506-A, 802 or 803-A, and the court determines that the defendant is not competent to stand trial and there does not exist a substantial probability that the defendant can be competent in the foreseeable future, the court shall dismiss all charges against the defendant and order the Commissioner of Health and Human Services to commence involuntary commitment proceedings pursuant to Title 34-B, chapter 3, subchapter IV or chapter 5, subchapter III. If the defendant is charged with offenses not listed in the previous sentence, and the court determines that the defendant is not competent to stand trial and there does not exist a substantial probability that the defendant can be competent in the foreseeable future, the court shall dismiss all charges against the defendant and notify the appropriate authorities who may institute civil commitment procedures for the individual; or [2001, c. 634, §1 (amd); 2003, c. 689, Pt. B, §7 (rev).]    
B. Issue a bail order in accordance with chapter 105-A, with or without the further order that the defendant undergo observation at a state mental hospital or mental health facility approved by the Department of Health and Human Services or by arrangement with a private psychiatrist or licensed clinical psychologist and treatment when it is deemed appropriate by the State Forensic Service. When the outpatient observation and treatment is ordered, the State Forensic Service, within the time specified in subsection 1, shall forward a report to the court containing the opinion of the State Forensic Service relative to the defendant's competence to stand trial and its reasons therefor. The court shall without delay set a date for and hold a hearing on the question of the defendant's competence to stand trial, which shall be held pursuant to and consistent with the standards set out in paragraph A. [1989, c. 621, §3 (amd); 1995, c. 560, Pt. K, §82 (amd); §83 (aff); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §6 (rev).] [2001, c. 634, §1 (amd); 2003, c. 689, Pt. B, §§6, 7 (rev).]
      5. Competence; proceedings. Upon a determination that the defendant is competent to stand trial, proceedings with respect to the defendant shall be in accordance with the rules of criminal procedure.[1987, c. 402, Pt. A, §109 (new).]
      6. No release during commitment period; violation. No person ordered or committed for examination, observation, care or treatment pursuant to this section may be released from the designated institution during the period of examination. Any individual responsible for or permitting the release of a respondent from the designated institution who has been committed pursuant to this section commits a civil violation for which a forfeiture not to exceed $1,000 may be adjudged.[1989, c. 621, §4 (amd).]
      7. Examination after conviction. If the issue of criminal responsibility, mental competence, abnormal condition of mind or any other issue involving the mental or emotional condition of the defendant is raised after conviction, the court may order the convicted person to be examined by the State Forensic Service. If at the time an examination order is entered by the court the convicted person is in execution of any sentence imposed for any criminal conduct, the time limits and bail provisions of this section do not apply.[1989, c. 621, §5 (new).]

Section History:

PL 1987,  Ch. 402,   §A109 (NEW).
PL 1987,  Ch. 758,   §11 (AMD).
PL 1989,  Ch. 621,   §1-5 (AMD).
PL 1993,  Ch. 704,   §1 (AMD).
PL 1995,  Ch. 560,   §K82 (AMD).
PL 1995,  Ch. 560,   §K83 (AFF).
RR 1995,  Ch. 2,   §25,26 (COR).
PL 1999,  Ch. 373,   §1 (AMD).
PL 1999,  Ch. 503,   §1 (AMD).
PL 1999,  Ch. 510,   §3 (AMD).
PL 2001,  Ch. 354,   §3 (AMD).
PL 2001,  Ch. 471,   §D15 (AMD).
PL 2001,  Ch. 634,   §1 (AMD).
PL 2003,  Ch. 689,   §B6,7 (REV).