§ 13-4505 — Appointment of experts; costs

A. If the court determines pursuant to section 13-4503 that reasonable grounds exist for a competency examination, the court shall:

1. If the defendant is charged with only a misdemeanor, appoint one or more mental health experts to examine the defendant.

2. If the defendant is charged with a felony, appoint two or more mental health experts to examine the defendant.

B. The mental health expert or experts shall examine the defendant, issue a report and, if necessary, testify regarding the defendant's competency. The court, on its own motion or on motion of any party, may order that one of the mental health experts appointed shall be a physician specializing in psychiatry and licensed pursuant to title 32, chapter 13 or 17. The state and the defendant, on approval of the court, may stipulate to the appointment of only one expert.

C. The court may order the defendant to submit to physical, neurological or psychological examinations, if necessary, to adequately determine the defendant's mental condition.

D. The court shall order the defendant to pay the costs of the court-ordered examination, except that if the court finds the defendant is indigent or otherwise unable to pay all or any part of the costs or if the prosecution requested the examination, the court shall order the county to pay the costs of the examination or, if the case is referred by a municipal court judge, the court shall order the city to pay the costs of the examination.

E. This section does not prohibit any party from retaining its own expert to conduct any additional examinations at its own expense.

F. A person who is appointed as a mental health expert or clinical liaison is entitled to immunity, except that the mental health expert or clinical liaison may be liable for intentional, wanton or grossly negligent acts that are done in the performance of the expert's or liaison's duties.