§ 12.1-04-07 — Examination - Report - Hearing when contested

1. Whenever there is reason to doubt the defendant's fitness to proceed, the court shall
order the defendant be examined by a tier 1a mental health professional.
2. An examination must occur within fifteen days from receipt of material necessary to
examine the fitness of the individual and notice of entry of the order served upon the
tier 1a mental health professional. Attorneys shall disclose any materials necessary to
examine the fitness of the individual to the tier 1a examiner contemporaneously with
the order. For good cause shown, the court may grant an extension allowing an
additional seven days to complete the examination.
3. The report of the examining mental health professional, whether for a retrospective
evaluation of fitness or an evaluation of the defendant's current fitness, must be
provided to the court in writing within thirty days of the date of the examination.
4. The report must include:
a. The identity of the individuals interviewed and records and other information
considered.
b. Procedures, tests, and techniques utilized in the assessment.
c. The date and time of the examination of the defendant, and the identity of each
individual present during the examination.
d. The relevant information obtained, other information not obtained, and the
defendant's responses to questions related to the defendant's fitness to proceed,
except for any restricted, proprietary, copyrighted, or other information subject to
trade secret protection which the examiner believes may be relevant, and the
findings made.
e. An opinion as to whether the defendant is fit to proceed, is able to understand the
nature or purpose of the proceedings against the defendant, is able to effectively
communicate with counsel, and whether the defendant will attain fitness to
proceed within the time frames set forth in section 12.1-04-08. If the examiner is
unable to determine whether the defendant will attain fitness within a specified
period of time, the report must include the reasoning. The report may include a
general description of the type of treatment needed and of the therapeutically
appropriate treatment or other appropriate treatment.
5. If the findings of the report are contested, the court shall hold a hearing before
deciding whether the defendant currently lacks fitness to proceed and whether the
defendant will attain fitness to proceed. Upon hearing, the prosecution and defense
have the right to summon and cross-examine the persons responsible for the report
and to offer evidence upon the issues.