LD 1539
pg. 1
LD 1539 Title Page An Act to Require More Timely Court-ordered Psychological Evaluations LD 1539 Title Page
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LR 2469
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 15 MRSA §101-B, sub-§1, as amended by PL 1989, c. 621, §1, is
further amended to read:

 
1. Court order; permissive. The District Court or the
Superior Court having jurisdiction in any criminal case for cause
shown may order the defendant examined to determine the
defendant's mental condition with reference to the issues of
competency, criminal responsibility, abnormal condition of mind
and any other issue involving the mental or emotional condition
of the defendant. The examination may be conducted by the State
Forensic Service or by a psychiatrist or licensed clinical
psychologist independent of the State Forensic Service. If
additional examinations are ordered, the court shall ensure that
at least one examination is conducted by the State Forensic
Service. The court in selecting an independent practitioner and
the site of any examination shall consider proximity to the
court, availability of an examiner or examiners and the necessity
for security precautions. No A person may not be presented for
examination under this subsection without arrangements for that
examination with the State Forensic Service or the independent
practitioner being first made by the court, clerk of courts or
sheriff. If the defendant is incarcerated, the examination is to
be completed within 90 30 days from the date of arrest. The
opinion of the examiner or examiners relative to the competence,
criminal responsibility, abnormal condition of mind or any other
mental or emotional condition of the respondent must be reported
without delay to the court following examination, together with
copies to counsel for the respondent and counsel for the State.

 
SUMMARY

 
This bill changes the time frame for the completion of a
court-ordered mental examination of an incarcerated person
accused of a crime from 90 days to 30 days from the date of
arrest.


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