New Mexico § 31-9-2 Competency evaluation; mental or functional examination

New Mexico Statutes

§ 31-9-2 — Competency evaluation; mental or functional examination

New Mexico § 31-9-2

Ch. 31Criminal Procedure

Art. 9Mental Illness and Competency

This text of New Mexico § 31-9-2 (Competency evaluation; mental or functional examination) 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.

Bluebook

N.M. Stat. Ann. § 31-9-2 (2026).

Text

A.Upon motion of a party or the court, the court shall order a mental examination of the defendant before making any determination of the defendant's competency. If the defendant is determined to be indigent, the court shall pay for the costs of the examination from funds available to the court.

B.A court may authorize a district attorney or the department of health to use a report of any examination ordered before a determination of a defendant's competency to stand trial for the purposes of initiating proceedings in accordance with the Mental Health and Developmental Disabilities Code [Chapter 43, Article 1 NMSA 1978] or the Assisted Outpatient Treatment Act [Chapter 30, Article 6A NMSA 1978]; provided that the report remains valid pursuant to the time limits set forth in that code or

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A. Upon motion of a party or the court, the court shall order a mental examination of the defendant before making any determination of the defendant's competency. If the defendant is determined to be indigent, the court shall pay for the costs of the examination from funds available to the court. B. A court may authorize a district attorney or the department of health to use a report of any examination ordered before a determination of a defendant's competency to stand trial for the purposes of initiating proceedings in accordance with the Mental Health and Developmental Disabilities Code [Chapter 43, Article 1 NMSA 1978] or the Assisted Outpatient Treatment Act [Chapter 30, Article 6A NMSA 1978]; provided that the report remains valid pursuant to the time limits set forth in that code or act.