13-4505. Appointment of experts; costs
A. If the court determines pursuant to section 13-4503 that reasonable grounds
exist for a competency examination, the court shall appoint two or more mental health
experts to examine the defendant, issue a report and, if necessary, testify regarding the
defendant's competency. The court, on its own motion or upon motion of any party, may
order that one of the mental health experts appointed shall be a physician specializing
in psychiatry and licensed pursuant to title 32, chapter 13 or 17. The state and the
defendant, upon approval of the court, may stipulate to the appointment of only one
expert.
B. The court may order the defendant to submit to physical, neurological or
psychological examinations, if necessary, to adequately determine the defendant's mental
condition.
C. The court shall order the defendant to pay the costs of the court ordered
examination, except that if the court finds the defendant is indigent or otherwise unable
to pay all or any part of the costs or if the prosecution requested the examination, the
court shall order the county to pay the costs of the examination or, if the case is
referred by a municipal court judge, the court shall order the city to pay the costs of
the examination.
D. This section does not prohibit any party from retaining its own expert to
conduct any additional examinations at its own expense.
E. A person who is appointed as a mental health expert or clinical liaison is
entitled to immunity, except that the mental health expert or clinical liaison may be
liable for intentional, wanton or grossly negligent acts that are done in the performance
of the expert's or liaison's duties.
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