§ 7-13-902 — Examination of convict to determine mental capacity; hearing; finding of court

Wyoming § 7-13-902

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 13: SENTENCE AND IMPRISONMENT
• Art. 9: EXECUTION OF DEATH SENTENCE

Text

(a) If the court finds from the notice in W.S. 7-13-901(b)
that there is reasonable cause to believe that the convict does
not have the requisite mental capacity, the court shall stay the
execution and order an examination of the convict by a
designated examiner. The order may direct examination at the
place of confinement or at any other designated facility.
(b) If the order provides for examination at a designated
facility, commitment to that facility for the study of the
mental condition of the convict shall continue no longer than a
thirty (30) day period.
(c) Upon completion of the examination of the convict the
designated examiner shall provide a report in writing to the
court of his:
(i) Detailed findings; and
(ii) Opinion as to whether the convict has the
requisite mental capacity and, if the convict does not have the
requisite mental capacity, the probable duration of that
incapacity.
(d) The clerk of court shall deliver copies of the report
to the attorney general and the district attorney and to the
convict or his counsel. Within five (5) days after receiving the
copy of the report, the convict, his counsel or the state may
upon written request obtain an order granting them an
examination of the convict by a designated examiner of their own
choosing. If such an examination is ordered, a report conforming
to the requirements of subsection (c) of this section shall be
furnished to the court and to the opposing party.
(e) If the state, the convict or his counsel does not
contest the opinion referred to in subsection (c) of this
section, the court may make a determination and finding of
record on the basis of the report filed or may hold a hearing on
its own motion. If the opinion is contested, the court shall
conduct a hearing at which the report or reports may be received
in evidence. The parties may summon and cross-examine the
persons who provided the report or rendered opinions contained
therein and offer evidence upon the issue of the convict's
requisite mental capacity.
(f) If the court finds by clear and convincing evidence
that the convict does not have the requisite mental capacity,
the judge shall suspend the execution of the convict until a
time when it is found that the convict has the requisite mental
capacity.
(g) Upon the court finding that the convict does not have
the requisite mental capacity, the court shall issue notice
thereof to the convict, the governor, the attorney general and
the district attorney.
(h) Unless the convict is represented by counsel, the
court shall appoint an attorney to represent him.
(j) During the hearing, the convict shall have an
opportunity to be heard either personally or through his
counsel. Counsel for the convict may introduce any relevant
evidence bearing upon the convict's requisite mental capacity.
(k) If the court finds that the convict has the requisite
mental capacity, the court shall issue an order detailing its
findings and conclusions and appointing a time for the convict's
execution.