13-4501. Definitions


In this chapter, unless the context otherwise requires:


1. "Clinical liaison" means a mental health expert or any other individual who has
experience and training in mental health or developmental disabilities and who is
qualified and appointed by the court to aid in coordinating the treatment or training of
individuals who are found incompetent to stand trial. If mental retardation is an issue,
the clinical liaison shall be an expert in mental retardation.


2. "Incompetent to stand trial" means that as a result of a mental illness, defect
or disability a defendant is unable to understand the nature and object of the proceeding
or to assist in the defendant's defense. In the case of a person under eighteen years of
age when the issue of competency is raised, incompetent to stand trial also means a
person who does not have sufficient present ability to consult with the person's lawyer
with a reasonable degree of rational understanding or who does not have a rational and
factual understanding of the proceedings against the person. The presence of a mental
illness, defect or disability alone is not grounds for finding a defendant incompetent to
stand trial.


3. "Mental health expert" means a physician who is licensed pursuant to title 32,
chapter 13 or 17 or a psychologist who is licensed pursuant to title 32, chapter 19.1 and
who is:


(a) Familiar with this state's competency standards and statutes.


(b) Familiar with the treatment, training and restoration programs that are
available in this state.


(c) Certified by the court as meeting court developed guidelines using recognized
programs or standards.


4. "Mental illness, defect or disability" means a psychiatric or neurological
disorder that is evidenced by behavioral or emotional symptoms, including congenital
mental conditions, conditions resulting from injury or disease and developmental
disabilities as defined in section 36-551.


5. "Threat to public safety" means charged with the commission of any of the
following:


(a) A crime involving the discharge, use or threatening exhibition of a deadly
weapon or dangerous instrument or the infliction of physical injury on another person.


(b) A dangerous crime against children pursuant to section 13-705.


(c) Two or more nondangerous felonies within a period of twenty-four months.