As used in this article 8.5, unless the context
otherwise requires:
(1) Collateral materials means the relevant police incident reports and the
charging documents, either the criminal information or indictment.
(2) Competency evaluation includes both court-ordered competency
evaluations and second evaluations.
(3) Competency evaluator means a licensed physician who is a psychiatrist
or a licensed psychologist, each of whom is trained in forensic competency
assessments, or a psychiatrist who is in forensic training and practicing under the
supervision of a psychiatrist with expertise in forensic psychiatry, or a psychologist
who is in forensic training and is practicing under the supervision of a licensed
psychologist with expertise in forensic psychology.
(4) Competency hearing means a hearing to determine whether a
defendant is competent to proceed.
(5) Competent to proceed means that the defendant does not have a
mental disability or developmental disability that prevents the defendant from
having sufficient present ability to consult with the defendant's lawyer with a
reasonable degree of rational understanding in order to assist in the defense or
prevents the defendant from having a rational and factual understanding of the
criminal proceedings.
(6) Court-ordered competency evaluation means a court-ordered
examination of a defendant either before, during, or after trial, directed to
developing information relevant to a determination of the defendant's competency
to proceed at a particular stage of the criminal proceeding, that is performed by a
competency evaluator and includes evaluations concerning restoration to
competency.
(7) Court-ordered report means a report of an evaluation, conducted by or
under the direction of the department, that is the statutory obligation of the
department to prepare when requested to do so by the court.
(8) Criminal proceedings means trial, sentencing, satisfaction of the
sentence, execution, and any pretrial matter that is not susceptible of fair
determination without the personal participation of the defendant.
(9) Department means the department of human services.
(10) Developmental disability means a disability that has manifested before
the person reaches twenty-two years of age, constitutes a substantial disability to
the affected individual, and is attributable to an intellectual disability or other
neurological conditions when such conditions result in impairment of general
intellectual functioning or adaptive behavior similar to that of a person with an
intellectual disability. Unless otherwise specifically stated, the federal definition of
developmental disability, 42 U.S.C. sec. 15002 (8), shall not apply.
(11) Executive director means the executive director of the department of
human services.
(12) Incompetent to proceed means that, as a result of a mental disability
or developmental disability, the defendant does not have sufficient present ability
to consult with the defendant's lawyer with a reasonable degree of rational
understanding in order to assist in the defense, or that, as a result of a mental
disability or developmental disability, the defendant does not have a rational and
factual understanding of the criminal proceedings.
(13) In-custody means in prison, in a jail, or in any other locked detention
facility that does not meet the definition of inpatient.
(14) Inpatient means in the custody of the department, either in a hospital
or in a full-time, jail-based restoration program developed by the department.
(15) Mental disability means a substantial disorder of thought, mood,
perception, or cognitive ability that results in marked functional disability,
significantly interfering with adaptive behavior. Mental disability does not include
acute intoxication from alcohol or other substances, or any condition manifested
only by antisocial behavior, or any substance abuse impairment resulting from
recent use or withdrawal. However, substance abuse that results in a long-term,
substantial disorder of thought, mood, or cognitive ability may constitute a mental
disability.
(16) Outpatient means a location outside of the custody of the department.
Outpatient does not include a jail, prison, or other detention facility where the
defendant is in-custody.
(17) Restoration hearing means a hearing to determine whether a
defendant who has previously been determined to be incompetent to proceed has
become competent to proceed.
(18) Second evaluation means an evaluation requested by the court, the
district attorney, or the defendant that is performed by a competency evaluator and
that is not performed by or under the direction of, or paid for by, the department.
(19) Tier 1 means a defendant:
(a) Who has been ordered to receive inpatient restorative treatment;
(b) For whom a competency evaluator has determined either that the
defendant:
(I) Appears to have a mental health disorder and, as a result of the mental
health disorder, appears to be a danger to others or to himself or herself or appears
to be gravely disabled; or
(II) Has a mental health disorder; and
(c) For whom, as a result of the determination made pursuant to subsection
(19)(b) of this section, delaying inpatient hospitalization beyond seven days would
cause harm to the defendant or others.
(20) Tier 2 means a defendant who has been ordered to receive inpatient
restorative treatment and who does not meet the criteria to be a tier 1 defendant.