§ 7-11-303 — Examination of accused to determine fitness to proceed; reports; commitment; defenses and objections

(a) If it appears at any stage of a criminal proceeding,
by motion or upon the court's own motion, that there is
reasonable cause to believe that the accused has a mental
illness or deficiency making him unfit to proceed, all further
proceedings shall be suspended.
(b) The court shall order an examination of the accused by
a designated examiner. If the accused is charged with at least
one (1) felony offense, the order may include, but is not
limited to, an examination of the accused at the Wyoming state
hospital on an inpatient or outpatient basis, at a local mental
health center on an inpatient or outpatient basis, or at his
place of detention. If the accused is charged only with
misdemeanor offenses, the order may include, but is not limited
to, an examination of the accused at a local mental health
center on an inpatient or outpatient basis, at his place of
detention or at the Wyoming state hospital on an outpatient
basis, unless an outpatient examination indicates that an
inpatient examination is warranted. In selecting the examination
site, the court may consider proximity to the court,
availability of an examiner, and the necessity for security
precautions. If the order provides for commitment of the accused
to a designated facility, the commitment shall continue no
longer than a thirty (30) day period for the study of the mental
condition of the accused. The prosecuting attorney and counsel
for the accused shall cooperate in providing the relevant
information and materials to the designated examiner, and the
court may order as necessary that relevant information be
provided to the examiner.
(c) Written reports of the examination shall be filed with
the clerk of court. The report shall include:
(i) Detailed findings;
(ii) An opinion as to whether the accused has a
mental illness or deficiency, and its probable duration;
(iii) An opinion as to whether the accused, as a
result of mental illness or deficiency, lacks capacity to
comprehend his position, to understand the nature and object of
the proceedings against him, to conduct his defense in a
rational manner, and to cooperate with his counsel to the end
that any available defense may be interposed;
(iv) Repealed By Laws 2009, Ch. 31, § 2.
(v) A recommendation as to whether the accused should
be held in a designated facility for treatment pending
determination by the court of the issue of mental fitness to
proceed; and
(vi) A recommendation as to whether the accused, if
found by the court to be mentally fit to proceed, should be
detained in a designated facility pending further proceedings.
(d) The clerk of court shall deliver copies of the report
to the district attorney and to the accused or his counsel. The
report is not a public record or open to the public. After
receiving a copy of the report, both the accused and the state
may, upon written request and for good cause shown, obtain an
order granting them an examination of the accused by a
designated examiner of their own choosing. For each examination
ordered, a report conforming to the requirements of subsection
(c) of this section shall be furnished to the court and the
opposing party.
(e) If the initial report contains the recommendation that
the accused should be held in a designated facility pending
determination of the issue of mental fitness to proceed, the
court may order that the accused be committed to or held in a
designated facility pending determination of mental fitness to
proceed. The court may order the involuntary administration of
antipsychotic medications to a person accused of a serious crime
as defined in W.S. 7-6-102(a)(v) to render the accused competent
to stand trial, provided the court finds:
(i) There are important governmental interests at
stake including, but not limited to:
(A) Bringing the accused to trial;
(B) Timely prosecution;
(C) Assuring the accused has a fair trial.
(ii) The involuntary administration of antipsychotic
medications will significantly further the governmental interest
and the administration of the medication is:
(A) Substantially likely to render the accused
competent to stand trial; and
(B) Substantially unlikely to have side effects
that will interfere significantly with the ability of the
accused to assist counsel in conducting a trial defense, thereby
rendering the trial unfair.
(iii) That any alternative and less intrusive
treatments are unlikely to achieve substantially the same
results; and
(iv) The administration pursuant to a prescription by
a licensed psychiatrist of the antipsychotic medications is
medically appropriate and is in the best medical interests of
the accused in light of the accused's medical condition.
(f) If neither the state, nor the accused or his counsel
contests the opinion referred to in paragraph (c)(iii) of this
section relative to fitness to proceed, the court may make a
determination and finding of record on this issue on the basis
of the report filed or the court may hold a hearing on its own
motion. If the opinion relative to fitness to proceed is
contested the court shall hold a hearing on the issue. The
report or reports may be received in evidence at any hearing on
the issue. The party contesting any opinion relative to fitness
to proceed has the right to summon and cross-examine the persons
who rendered the opinion and to offer evidence upon the issue.
(g) If the court determines that the accused is mentally
fit to proceed, the court may order that the accused be held in
confinement, be committed to a designated facility pending
further proceedings, or be released on bail or other conditions.
If the court determines that the accused lacks mental fitness to
proceed, the proceedings against him shall be suspended and the
court shall commit him to a designated facility to determine
whether there is substantial probability that the accused will
regain his fitness to proceed:
(i) The examiner shall provide a full report to the
court, the prosecuting attorney and the accused or his counsel
within ninety (90) days of arrival of the accused at the
designated treating facility. If the examiner is unable to
complete the assessment within ninety (90) days the examiner
shall provide to the court and counsel a summary progress report
which informs the court that additional time is necessary to
complete the assessment, in which case the examiner may have up
to an additional ninety (90) days to provide the full report for
good cause shown, as follows:
(A) The full report shall assess:
(I) The facility's or program's capacity to
provide appropriate treatment for the accused;
(II) The nature of treatments provided to
the accused;
(III) What progress toward competency
restoration has been made with respect to the factors identified
by the court in its initial order;
(IV) The accused's current level of mental
disorder or mental deficiency and need for treatment, if any;
and
(V) The likelihood of restoration of
competency and the amount of time estimated to achieve
competency.
(B) Upon receipt of the full report, the court
shall hold a hearing to determine the accused's current status.
The burden of proving that the accused is fit to proceed shall
be on the proponent of the assertion. Following the hearing,
the court shall determine by a preponderance of the evidence
whether the accused is:
(I) Fit to proceed;
(II) Not fit to proceed with a substantial
probability that the accused may become fit to proceed in the
foreseeable future; or
(III) Not fit to proceed without a
substantial probability that the accused may become fit to
proceed in the foreseeable future.
(C) If the court makes a determination pursuant
to subdivision (B)(I) of this paragraph, the court shall proceed
with the trial or any other procedures as may be necessary to
adjudicate the charges;
(D) If the court makes a determination pursuant
to subdivision (B)(II) of this paragraph, the court may order
that the accused remain committed to the custody of the
designated facility for the purpose of treatment intended to
restore the accused to competency;
(E) If the court makes a determination pursuant
to subdivision (B)(III) of this paragraph, the court shall order
the accused released from the custody of the designated facility
unless proper civil commitment proceedings have been instituted
and held as provided in title 25 of the Wyoming statutes. The
continued retention, hospitalization and discharge of the
accused shall be the same as for other patients.
(ii) If it is determined pursuant to subdivision
(i)(B)(II) of this subsection that there is substantial
probability that the accused will regain his fitness to proceed,
the commitment of the accused at a designated facility shall
continue until the head of the facility reports to the court
that in his opinion the accused is fit to proceed. If this
opinion is not contested by the state, the accused or his
counsel, the criminal proceeding shall be resumed. If the
opinion is contested, the court shall hold a hearing as provided
in subsection (f) of this section. While the accused remains at
a designated facility under this subsection, the head of the
facility shall issue a full report at least once every three (3)
months in accordance with the requirements of subparagraph
(i)(A) of this subsection on the progress the accused is making
towards regaining his fitness to proceed.
(h) A finding by the court that the accused is mentally
fit to proceed shall not prejudice the accused in a defense to
the crime charged on the ground that at the time of the act he
was afflicted with a mental illness or deficiency excluding
responsibility. Nor shall the finding be introduced in evidence
on that issue or otherwise brought to the notice of the jury. No
statement made by the accused in the course of any examination
or treatment pursuant to this section and no information
received by any person in the course of the examination or
treatment shall be admitted in evidence in any criminal
proceeding then or thereafter pending on any issue other than
that of the mental condition of the accused.
(j) Notwithstanding any provision of this section, counsel
for the accused may make any and all legal objections which are
susceptible of a fair determination prior to trial without the
personal participation of the accused.