§ 13-4507 — Examination of competency to stand trial

A. The court shall set and may change the conditions under which the examination is conducted.

B. The defense attorney shall be available to the mental health expert conducting the examination.

C. A proceeding to determine if a defendant is competent to stand trial shall not delay a judicial determination of the defendant's eligibility for pretrial release. A defendant who is otherwise entitled to pretrial release shall not be involuntarily confined or taken into custody solely because the issue of the defendant's competence to stand trial is raised and an examination is ordered unless the court determines that the defendant's confinement is necessary for the evaluation process.

D. If a defendant is released from custody under any pretrial release provision, the court may order the defendant to appear at a designated time and place for an outpatient examination. The court may make the appearance a condition of the defendant's pretrial release.

E. The court may order that the defendant be involuntarily confined until the examination is completed if the court determines that any of the following applies:

1. The defendant will not submit to an outpatient examination as a condition of pretrial release.

2. The defendant refuses to appear for an examination.

3. An adequate examination is impossible without the confinement of the defendant.

4. The defendant is a threat to public safety.

F. If a defendant is committed for an inpatient examination, the length of the commitment shall not exceed the period of time that is necessary for the examination. The commitment for examination shall not exceed thirty days, except that the commitment may be extended by fifteen days if the court finds that extraordinary circumstances exist. The county shall pay the costs of any inpatient examination ordered by the court, except that the city shall pay the costs of any inpatient examination that is ordered by a municipal court judge.