§ 16-86-102 — Examination and observation generally

(a) (1) Whenever a prosecution for any crime has been instituted in the circuit court by indictment or information, the court, subject to the provisions of §§ 5-2-304 and 5-2-311 , shall immediately suspend all further proceedings in the prosecution if: (A) The defendant files notice that he or she intends to rely upon the defense of mental disease or defect; or (B) There is reason to believe that mental disease or defect of the defendant will or has become an issue in the case; (C) The defendant files notice that he or she will put in issue his or her fitness to proceed; or (D) There is reason to doubt his or her fitness to proceed. (2) If a trial jury has been impaneled, the court may retain the jury or declare a mistrial and discharge the jury. (3) A discharge of the jury shall not be a bar to future prosecution. (b) (1) Upon the issuance of an order for the examination and observation of the defendant, the court shall direct the circuit clerk to notify the prosecuting attorney and the counsel for the defendant of the issuance of the order. (2) (A) The action of the court in ordering that the defendant undergo examination and observation shall not preclude the state or the defendant from calling expert witnesses to testify at the trial. (B) The expert witness shall have free access to the defendant for the purpose of observation and examination when the defendant is in the custody of local, county, or state law enforcement or state mental health facilities.

Legislative History

Acts 1971, No. 433, ch. 6, § 7; 1973, No. 95, § 1; 1983, No. 191, § 1; A.S.A. 1947, § 43-1301; Acts 2001, No. 1551, § 2.