Outside Section 29

Court Ordered Evaluations of Competency to Stand Trial (1 of 2)

SECTION 29.   Section 15 of chapter 123 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph:-

          (b) If after the examination described in paragraph (a), the court has reason to believe that further examination is necessary in order to determine whether mental illness or mental defect have so affected a person that he is not competent to stand trial or not criminally responsible for the crime or crimes with which he has been charged, the court may order further examination. Unless the person is committed in accordance with this section, the examination shall be completed within 20 days, or such other period of time as the court may order. The examination shall be conducted by 1 or more qualified physicians or 1 or more qualified psychologists and shall be conducted at the court house if the person is released on recognizance, at the place of detention where the person is being held, or other less restrictive setting as might be ordered by the court, unless the court makes written findings, based on the examination described in paragraph (a), or such further evidence as the court may require that (1) the person is mentally ill; (2) failure to commit the person for observation and further examination would cause likelihood of serious harm; and, (3) observation or further examination being ordered cannot be adequately or safely provided at the court house, a place of detention, or other less restrictive setting, in which case the court may order that the person be committed to a facility or, if the person is a male and appears to require strict security, at the Bridgewater state hospital, for a period not to exceed 20 days for observation and further examination. No order shall be issued for further observation or examination of criminal responsibility unless the court certifies that the order is issued in compliance with Rule 14 of the Massachusetts Rules of Criminal Procedure. Copies of the complaints or indictments and the physician's or psychologist's report under paragraph (a) shall be made available to the qualified physician or psychologist, and if the person is committed shall be delivered to the facility or the hospital with the person. If, before the expiration of this 20-day period, an examining qualified physician or an examining qualified psychologist completes the examination, upon 5 days notice and the filing of the report of the examination, any person committed under this section shall be returned to the court for proceedings as the court considers warranted. If, before the expiration of the 20-day period, an examining qualified physician or examining qualified psychologist believes that observation for more than 20 days is necessary, he shall so notify the court and shall request in writing an extension of the 20-day period, specifying the reason or reasons for which further observation is necessary. Upon the receipt of this request, the court may extend the observation period, but in no event shall the period exceed 40 days from the date of the initial court order of hospitalization. If a person who has been committed under this section requests continued care and treatment during the pendency of the criminal proceedings against him and the superintendent or medical director agrees to provide this care and treatment, the court may order the further commitment of the person at the facility or the Bridgewater state hospital. If the person requests to terminate this care and treatment, or the superintendent or medical director withdraws his agreement to provide this care and treatment, the person shall be returned immediately to the court for further proceedings that the court considers warranted.
 
 

Summary:
This section amends the current law to permit extended court-ordered evaluations to be conducted in the community or place of detention if a defendant does not require a hospital level of care.