Rule 28.5 Motion and Order for Evaluation Regarding Mental Competency to Stand Trial

(A) In pending magistrate court cases where the mental competency of a defendant is brought into question, the judge may, upon a proper showing, exercise discretion and require a mental evaluation at public expense. A motion for mental evaluation may be filed in writing, setting out allegations and grounds for such motion, praying for a court-ordered evaluation. The judge may enter an order requiring a mental evaluation of the defendant for the purposes of evaluating competency to stand trial. The judge may direct the Department of Behavioral Health and Developmental Disabilities to perform the evaluation at a time and place to be set by the department in cooperation with the county sheriff or counsel for the defendant if the defendant is not in custody. The clerk shall forward a copy of the order to the department accompanied by a copy of the indictment, accusation, or specification of charges, and where available, a copy of the police arrest report, and a brief summary of any known or alleged previous mental health treatment or hospitalization involving this particular person. Counsel for the defendant shall forward any other background information available to the evaluator to assist in performing adequately the requested services. Unless otherwise ordered by the court, the department shall submit its report to the requesting judge for distribution to the defendant's attorney. The evaluation shall be placed under seal and shall not be released absent a court order. Upon the filing of a Plea of Mental Incompetency to Stand Trial, the court shall submit a copy of the department's evaluation to the prosecuting attorney.

(B) Copies of suggested orders requesting psychiatric evaluation are attached as Specimen Psychiatric Evaluation Order #1 and Specimen Psychiatric Evaluation Order #2. The department or service shall submit its report to the requesting judge, who shall provide copies of the report to the defendant's attorney and the prosecuting attorney.

[Forms omitted: SPECIMEN COMMITTAL ORDER AFTER SPECIAL PLEA OF MENTAL INCOMPETENCY TO STAND TRIAL; SPECIMEN PSYCHIATRIC EVALUATION ORDER #1; SPECIMEN PSYCHIATRIC EVALUATION ORDER #2]