13-4509

13-4509. Expert's report

A. An expert who is appointed pursuant to section 13-4505 shall submit a written
report of the examination to the court within ten working days after the examination is
completed. The report shall include at least the following information:

1. The name of each mental health expert who examines the defendant.

2. A description of the nature, content, extent and results of the examination and
any test conducted.

3. The facts on which the findings are based.

4. An opinion as to the competency of the defendant.

B. If the mental health expert determines that the defendant is incompetent to
stand trial, the report shall also include the following information:

1. The nature of the mental disease, defect or disability that is the cause of the
incompetency.

2. The defendant's prognosis.

3. The most appropriate form and place of treatment in this state, based on the
defendant's therapeutic needs and potential threat to public safety.

4. Whether the defendant is incompetent to refuse treatment and should be subject
to involuntary treatment.

C. If the mental health examiner determines that the defendant is currently
competent by virtue of ongoing treatment with psychotropic medication, the report shall
address the necessity of continuing that treatment and shall include a description of any
limitations that the medication may have on competency.