§ 31-9-1.3 — Determination of competency; ninety-day review; reports;

New Mexico § 31-9-1.3

• Jurisdiction: New Mexico
• Ch. 31: Criminal Procedure
• Art. 9: Mental Illness and Competency

Text

continuing treatment. A. Within ninety days after a court issues an order committing a defendant for competency restoration, the court, sitting without a jury, shall conduct a review hearing, unless waived by the defense, and shall determine: (1) whether the defendant has been restored to competency or remains not competent to stand trial; (2) if the defendant remains not competent, whether the defendant is making progress toward being restored to competency within nine months from the date the court determined the defendant is not competent to stand trial; and (3) whether the defendant remains dangerous as determined by the court in accordance with Section 31-9-1.2 NMSA 1978. B. At least seven days prior to the review hearing, the treatment supervisor shall submit a written progress report to the court, the state and the defense that includes: (1) the clinical findings regarding the defendant's progress toward competency restoration and the facts upon which the findings are based; (2) an opinion as to whether the defendant has been restored to competency or as to whether the defendant is making progress toward being restored to competency within nine months from the date the court determined the defendant is not competent to stand trial and whether there is a substantial probability that the defendant will be restored to competency within nine months from the date the court determined the defendant is not competent to stand trial; (3) an opinion as to whether the defendant remains dangerous as determined by the court in accordance with Section 31-9-1.2 NMSA 1978; and (4) if the defendant is receiving medication, information from the prescribing physician indicating the type, the dosage and the effect of the medication on the defendant's appearance, actions and demeanor. C. If the district court finds that the defendant is restored to competency, the district court shall set the matter for trial; provided that if the defendant is in need of continued care or treatment and the department of health agrees to continue to provide it, the district court may order continued care or treatment of the defendant until the conclusion of the criminal proceedings. D. If the district court finds that the defendant remains not competent but that the defendant is making progress toward being restored to competency, the district court may continue or modify its original commitment order entered pursuant to Section 31-9- 1.2 NMSA 1978; provided that: (1) the question of the defendant's competency shall be reviewed again not later than nine months from the date the court determined the defendant is not competent to stand trial; and (2) the treatment supervisor shall submit a written progress report as specified in Subsection B of this section at least seven days prior to such hearing. E. If the district court finds that the defendant remains not competent, that the defendant is not making progress toward being restored to competency and that there is not a substantial probability that the defendant will be restored to competency within nine months from the date the court determined the defendant is not competent to stand trial, the court shall proceed pursuant to Section 31-9-1.4 NMSA 1978. However, if the defendant is in need of continued care and treatment and the department of health agrees to continue to provide it, the district court may order continued care or treatment of the defendant by the department until the conclusion of the criminal proceedings.

Legislative History

1978 Comp., § 31-9-1.3, enacted by Laws 1988, ch. 107, § 4 and by Laws