Outside Section 30

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

SECTION 30.   Section 15 of said chapter 123, as so appearing, is hereby further amended by striking out paragraph (e) and inserting in place thereof the following paragraph:-

          (e) After a finding of guilty on a criminal charge, and prior to sentencing, the court may order a psychiatric or other clinical examination. If after this examination, the court has reason to believe that further examination and observation is necessary, it may, upon the making of written findings as provided in paragraph (b), also order a period of observation in a facility, or at the Bridgewater state hospital if the court determines that strict security is required and if the person is male. The purpose of this observation or examination shall be to aid the court in sentencing. If the person is committed under this section, the period of observation or examination shall not exceed 40 days. During this period of observation, the superintendent or medical director may petition the court for further commitment of the person. The court, after imposing sentence on the person, may hear the petition as provided in section 18, and if the court makes necessary findings as set forth in section 8, it may in its discretion commit the person to a facility or the Bridgewater state hospital. The order of commitment shall be valid for a period of 6 months. All subsequent proceedings for commitment shall take place under said section 18 in the district court which has jurisdiction of the facility or hospital. A person committed to a facility or Bridgewater state hospital under this section shall have this time credited against the sentence imposed as provided in paragraph (c) of said section 18.
 
 

Summary:
This section further 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.