CHC 835     

Art. 835. Report of competency commission; content; filing

A.  The competency commission shall file its report in the court record and mail copies to all counsel of record within thirty days after the date of the order of appointment.  For good cause shown, the court may extend the time for filing for a period not to exceed fifteen days.

B.  The report shall include the following:

(1)  The reason for the evaluation, if known.

(2)  The evaluation procedures used, including any psychometric tests administered, records reviewed, and identity of any persons interviewed.

(3)  Pertinent background information, including history of school performance, previous psychiatric history, and family history.

(4)  Results of mental status examination, including any psychometric testing administered.

(5)  A description of any psychiatric symptoms or cognitive deficiencies, including a diagnosis, if one has been made.

(6)  A description of the child's abilities and deficits in the following mental competency functions, coupled with the reasons therefor:

(a)  Understanding and appreciation of the nature and object of the proceedings.

(b)  Comprehension of his situation in relation to the proceedings.

(c)  Rendering assistance to defense counsel in preparation of the case.

(7)  An opinion regarding whether as a result of mental illness or developmental disability a child presently lacks the capacity to understand the nature of proceedings against him or to assist in his defense.

(8)  Recommendations for modifications to court procedures which may help compensate for mental competency weaknesses.

C.  If, in the competency commission's opinion, the child should not be considered to possess mental capacity to proceed, the report shall also include the following:

(1)  A prognosis as to whether there is a substantial probability that the child will attain mental competency to proceed in the foreseeable future.

(2)  Recommendations for the type of remediation necessary, such as competency restoration services.

D.  The report shall not include any statement of the child relating to the alleged offense, and no such statement may be used against the child in court proceedings on the offense.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2004, No. 485, §1, eff. Jan. 1, 2005; Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008.