8-291

8-291. Definitions

In this article, unless the context otherwise requires:

1. "Clinical liaison" means a mental health expert or another 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
juveniles 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" means a juvenile who does not have sufficient present ability to
consult with the juvenile's lawyer with a reasonable degree of rational understanding or
who does not have a rational and factual understanding of the proceedings against the
juvenile. Age alone does not render a person incompetent.

3. "Juvenile" means a person who is under eighteen years of age at the time the
issue of competency is raised.

4. "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 all of the following:

(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.