This text of New Mexico § 31-9-1.1 (Determination of competency; evaluation and) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
determination. A. A defendant's competency shall be evaluated by a psychologist or psychiatrist or other qualified professional recognized by the district court as an expert. The qualified professional who evaluates a defendant's competency shall prepare an evaluation report and submit the report as ordered by the court. B. An evaluation report shall include a qualified professional's opinion as to whether a defendant is competent to stand trial and has:
(1)a sufficient, present ability to consult with the defendant's lawyer with a reasonable degree of rational understanding;
(2)a rational and factual understanding of the proceedings against the defendant; and (3) the capacity to assist in the defendant's own defense and to comprehend the reasons for punishment. C. If, in the opinion of
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determination. A. A defendant's competency shall be evaluated by a psychologist or psychiatrist or other qualified professional recognized by the district court as an expert. The qualified professional who evaluates a defendant's competency shall prepare an evaluation report and submit the report as ordered by the court. B. An evaluation report shall include a qualified professional's opinion as to whether a defendant is competent to stand trial and has: (1) a sufficient, present ability to consult with the defendant's lawyer with a reasonable degree of rational understanding; (2) a rational and factual understanding of the proceedings against the defendant; and (3) the capacity to assist in the defendant's own defense and to comprehend the reasons for punishment. C. If, in the opinion of the qualified professional, a defendant is not competent to stand trial, an evaluation report shall include the qualified professional's opinion as to whether the defendant: (1) satisfies the criteria for involuntary commitment in accordance with the Mental Health and Developmental Disabilities Code [Chapter 43, Article 1 NMSA 1978] and whether: (a) as a result of a mental disorder, the defendant presents a likelihood of serious harm to the defendant's self or others; (b) the defendant needs and is likely to benefit from involuntary commitment and treatment; and (c) the proposed commitment is consistent with the treatment needs of the defendant and with the least drastic means principle; or (2) satisfies the criteria for involuntary treatment in accordance with the Assisted Outpatient Treatment Act [43-1B-1 to 43-1B-14 NMSA 1978] and whether the defendant: (a) has a primary diagnosis of a mental disorder; (b) has demonstrated a history of lack of compliance with treatment for a mental disorder; (c) is unwilling or unlikely, as a result of a mental disorder, to voluntarily participate in outpatient treatment that would enable the person to live safely in the community without court supervision; (d) is in need of assisted outpatient treatment as the least restrictive appropriate alternative to prevent a relapse or deterioration likely to result in serious harm to the defendant's self or others; and (e) will likely benefit from assisted outpatient treatment and have the defendant's best interests served. D. A competency hearing shall be held: (1) within thirty days from the date an evaluation report is submitted to the court for an incarcerated defendant charged with a felony; (2) within ten days from the date an evaluation report is submitted to the court for an incarcerated defendant not charged with a felony; and (3) within ninety days after an evaluation report is submitted to the court for a defendant who is not incarcerated.