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 […]
8-291.01. Effect of incompetency; request for examination A. A juvenile shall not participate in a delinquency, incorrigibility or criminal proceeding if the court determines that the juvenile is incompetent to proceed. B. At any time after the filing of a petition for delinquency or incorrigibility or a petition that seeks to transfer a juvenile to […]
8-291.02. Expert appointment; costs; immunity A. If the court determines that grounds exist for a competency examination, the court shall appoint two or more mental health experts. The mental health experts shall examine the juvenile, issue a report and, if necessary, testify regarding the juvenile’s competency. The court, on its own motion or upon motion […]
8-291.03. Screening report A. After the court determines that reasonable grounds exist to support the plea of insanity, the court or any party, with the consent of the juvenile, may request that the mental health expert provide a screening report. The screening report shall include both: 1. The mental status of the juvenile at the […]
8-291.04. Examination; competency to stand trial A. The court shall set and may change the conditions under which the examination of competency to stand trial is conducted. B. Within three working days after the motion is granted and the mental health experts are appointed, the parties shall provide all of the juvenile s available medical […]
8-291.05. Misdemeanor charges; dismissal; notice A. If the court finds that a juvenile has been adjudicated incompetent to stand trial within the past year, the court may hold a hearing to dismiss any misdemeanor charge against the juvenile if the juvenile continues to be incompetent to stand trial. The court shall give ten days’ notice […]
8-291.06. Privilege against self-incrimination; sealed reports A. The privilege against self-incrimination applies to any examination or to any statement that is made to restoration personnel during the course and scope of a court ordered restoration program. B. Any evidence or statement that is obtained during an examination or any evidence or statement that is made […]
8-291.07. Mental health expert reports A. A mental health expert shall submit a written report of the examination to the court within ten working days after the examination. The mental health expert shall file the report with the clerk of the court. The clerk shall seal and file the original report. The mental health expert […]
8-291.08. Competency hearings; restoration orders A. Within thirty days after a report is filed pursuant to section 8-291.07, the court shall hold a hearing to determine if a juvenile is competent to stand trial. The parties may introduce other evidence regarding the juvenile s mental condition or may submit the matter by written stipulation on […]
8-291.09. Restoration order; commitment A. The court may order a juvenile to participate in an outpatient or inpatient competency restoration program or may commit the juvenile for competency restoration to the state hospital or another facility. The juvenile court shall approve all competency restoration programs. In determining the type and location of the program, the […]
8-291.10. Reports; hearings A. The mental health expert who consults with the restoration program shall submit a written report to the court before any hearing that is held pursuant to this section. The clerk of the court shall seal and file the original report. The mental health expert shall provide a copy of the report […]
8-291.11. Records The court and the department of health services shall keep records of the offenses for which a juvenile was charged, any court ordered examination and treatment outcomes.
