US Laws, Codes, Statutes & Cases

§27-6A-1. Determination of competency of defendant to stand trial and of criminal responsibility; examination; commitment.

(a) Whenever a court of record, or in the instance of a defendant charged with public intoxication a magistrate or other judicial officer, believes that a defendant in a felony case or a defendant in a misdemeanor case in which an indictment has been returned, or a warrant or summons issued, may be incompetent to stand trial or is not criminally responsible by reason of mental illness, mental retardation or addiction, it may at any stage of the proceedings after the return of an indictment or the issuance of a warrant or summons against the defendant, order an examination of such defendant to be conducted by one or more psychiatrists, or a psychiatrist and a psychologist, or in the instance of an individual charged with public intoxication, an alcoholism counselor: Provided, That with the exception of subsections (a) and (g) of this section, no other subsection in this section nor any other provision of this article shall apply to individuals charged with public intoxication pursuant to section nine, article six, chapter sixty of this code.
(b) After the examination described in subsection (a) of this section, the court of record may order that the person be admitted to a mental health facility designated by the director of health for a period not to exceed twenty days for observation and further examination if the court has reason to believe that such further observation and examination are necessary in order to determine whether mental illness, mental retardation or addiction have so affected a person that he is not competent to stand trial or not criminally responsible for the crime or crimes with which he has been charged. If, before the expiration of such twenty-day period, the examining physician believes that observation for more than twenty days is necessary, he shall make a written request to the court of record for an extension of the twenty- day period specifying the reason or reasons for which such further observation is necessary. Upon the receipt of such request, the court of record may by order extend said observation period, but in no event shall the period exceed forty days from the date of the initial court order of observation.
(c) At the conclusion of each examination or observation period provided for herein, the examining psychiatrists, or psychiatrist and psychologist, shall forthwith give to the court of record a written signed report of their findings on the issue of competence to stand trial or criminal responsibility. Such report shall contain an opinion, supported by clinical findings, as to whether the defendant is in need of care and treatment.
(d) Within five days after the receipt of the report on the issue of competency to stand trial, or if no observation pursuant to subsection (b) of this section has been ordered, within five days after the report on said issue following an examination under subsection (a) of this section, the court of record shall make a finding on the issue of whether the defendant is competent for trial. A finding of incompetence for trial shall require proof by a preponderance of the evidence. Notice of such findings shall be sent to the prosecuting attorney, the defendant and his counsel. If the court of record orders or if the defendant or his counsel on his behalf within a reasonable time requests a hearing on such findings, a hearing in accordance with section two of this article shall be held by the court of record within ten days of the date such finding or such request has been made.
(e) After a conviction and prior to sentencing, the court of record may order a psychiatric or other clinical examination and, after such examination, may further order a period of observation in a mental health facility designated by the director of health. Such a period of observation or examination shall not exceed forty days.
If after hearing conducted pursuant to the procedures prescribed in subsection (c), section four, article five of this chapter, the court of record makes the findings specified insection four, article five of this chapter or finds that the convicted individual would benefit from treatment in a mental health facility, the court may enter an order of commitment in accord with section four, article five for treatment in a mental health facility designated by the director of health.
(f) In like manner, in accordance with procedures set forth in subsections (a), (b) and (c) of this section, a juvenile court may order a psychiatric examination or a period of observation for an alleged delinquent or neglected juvenile in a mental health facility to aid the court in its disposition. The period of observation shall not exceed forty days.
(g) On and after midnight on the last day of June, one thousand nine hundred eighty-three, if a person charged with public intoxication is incapacitated at the time a warrant or summons is issued, the court, magistrate or other judicial officer may as provided by article six, chapter sixty of this code order the individual detained in the nearest mental health facility providing appropriate care, or other detention facility as defined in section fourteen, article one of this chapter, to determine the individual's competence to stand trial and criminal responsibility and require the preparation and submission by that facility of a report which shall in addition to determining the individual's competence and criminal responsibility shall also describe any suggested or proposed methods of care or treatment which may be appropriate. Such order shall stipulate the return of the individual to the court, magistrate or other judicial officer or his release if bond has been posted or a summons issued in lieu of a warrant, when the individual is no longer incapacitated. But in no case may the individual be kept longer than forty-eight hours, unless during the forty-eight hours, civil commitment proceedings pursuant to article five of this chapter are initiated by qualified personnel at the mental health facility or other facility in which the individual is detained and detention is ordered pursuant to article five of this chapter: Provided, That whenever the director of the facility initiates civil proceedings within forty-eight hours, he shall immediately notify the judicial officer who ordered the individual detained that such proceedings have commenced: Provided, however, That the judicial officer may then modify his order and may continue the criminal proceedings in his court until a diagnosis of alcoholism has been made: Provided further, That once a diagnosis is made, the judicial officer shall find the individual not guilty by reason of addiction as provided by section nine, article six, chapter sixty of the code and shall immediately initiate civil commitment proceedings unless such proceedings have already begun and are proceeding:
(1) If at any time during the forty-eight hours the individual requires acute medical care or because of overtly dangerous behavior needs security beyond the capability of the mental health facility where he is being detained, the sheriff of the county in which the facility is located shall at the request of the facility director transport the individual to a more appropriate facility such as a general hospital, or a state hospital or detention facility selected by said director.
(2) No law-enforcement officer, physician, mobile intensive care paramedic, emergency medical service attendant or staff member or employee of any mental health facility, hospital or detention facility may be held criminally liable for carrying out any provision set forth in this subsection or any procedure specified therein or be held civilly liable in damages to an incapacitated person because of carrying out any provision set forth in this subsection or any procedure specified herein for dealing with an individual charged with public intoxication unless for gross negligence or willful or wanton injury.
(3) Any person who is given transportation to or from, or who is examined or treated at, a mental health facility, hospital or detention facility in accordance with, and because of, the provisions of this section, whether such person was incapacitated or not or whether he gave his consent or not, shall be liable in implied contract to the person who, or mental health facility,hospital or detention facility or other appropriate agency which, provided such transportation, examination or treatment, for the reasonable cost thereof. No person may be denied such services because of inability or failure to pay such costs nor shall any effort be made to obtain prepayment of such costs or any portion thereof.