8-291.07. Mental health expert reports
A. A mental health expert shall submit a written report of the examination to the court within ten working days after the examination. The mental health expert shall file the report with the clerk of the court. The clerk shall seal and file the original report. The mental health expert shall provide a copy of the report to the defense attorney for redaction. Within twenty-four hours after the defense attorney receives a copy of the report, the defense attorney shall provide copies of the redacted report to the state and the court.
B. The report shall include at least the following information:
1. The name of the mental health expert who examined the juvenile.
2. A description of the nature, content, extent and results of the examination and any test that was conducted.
3. The facts on which the findings are based.
4. An opinion as to the competency of the juvenile.
C. If the mental health expert determines that the juvenile is incompetent to stand trial, the report shall also include the following information:
1. The nature of any mental disease, defect or disability that is the cause of the juvenile's incompetency.
2. The juvenile's prognosis.
3. If the mental health expert believes that the juvenile may be restored to competency, what in the expert's opinion is needed to restore the juvenile to competency and whether restoration can be accomplished in six months or less.
4. If the juvenile is currently receiving medication, how the medication might affect the juvenile in the process.
D. If the mental health expert determines that the juvenile is currently competent because of ongoing treatment with psychotropic medication, the report shall address the necessity of continuing that treatment and shall include a description of any limitations that the medication may have on competency.Section: Previous 8-291 8-291.01 8-291.02 8-291.03 8-291.04 8-291.05 8-291.06 8-291.07 8-291.08 8-291.09 8-291.10 8-291.11 8-301 8-302 8-303 Next
Last modified: October 13, 2016