2C:4-5. Psychiatric or Psychological Examination of Defendant With Respect to Fitness to Proceed.
a.
Whenever
there is reason to doubt the defendant's fitness to proceed, the court
may on motion by the prosecutor, the defendant or on its own motion,
appoint at least one qualified psychiatrist or licensed psychologist to
examine and report upon the mental condition of the defendant. The
psychiatrist or licensed psychologist so appointed shall be either:
(1)From a list agreed to by the court, the prosecutor and the defendant; or
(2)Agreed to by the court, prosecutor and defendant.
Alternatively,
the court may order examination of a defendant for fitness to proceed
by the Department of Human Services. The department shall provide or
arrange for examination of the defendant at a jail, prison or
psychiatric hospital. However, to ensure that a defendant is not
unnecessarily hospitalized for the purpose of the examination, a
defendant shall not be admitted to a State psychiatric hospital for an
examination regarding his fitness to proceed unless a qualified
psychiatrist or licensed psychologist designated by the commissioner
determines that hospitalization is clinically necessary to perform the
examination. Whenever the qualified psychiatrist or licensed
psychologist determines that hospitalization is clinically necessary to
perform the examination, the court shall order the defendant to be
committed to the custody of the Commissioner of Human Services for
placement in a State psychiatric hospital designated for that purpose
for a period not exceeding 30 days.
A
qualified psychiatrist or licensed psychologist retained by the
defendant or by the prosecutor shall, if requested, be permitted to
examine a defendant who has been admitted to a State psychiatric
hospital.
b.The
report of the examination shall include at least the following: (1) a
description of the nature of the examination; (2) a diagnosis of the
mental condition of the defendant; (3) an opinion as to the defendant's
capacity to understand the proceedings against him and to assist in his
own defense. The person or persons conducting the examination may ask
questions respecting the crime charged when such questions are necessary
to enable formation of an opinion as to a relevant issue, however, the
evidentiary character of any inculpatory statement shall be limited
expressly to the question of competency and shall not be admissible on
the issue of guilt.
c.If
the examination cannot be conducted by reason of the unwillingness of
the defendant to participate therein, the report shall so state and
shall include, if possible, an opinion as to whether such unwillingness
of the defendant was the result of mental incompetence. Upon the filing
of such a report, the court may permit examination without cooperation,
may appoint a different psychiatrist or licensed psychologist, or may
commit the defendant for observation for a period not exceeding 30 days
except on good cause shown, or exclude or limit testimony by the defense
psychiatrist or licensed psychologist.
d.The
report of the examination shall be sent by the psychiatrist or licensed
psychologist to the court, the prosecutor and counsel for the
defendant.
L.1978, c.95; amended 1979, c.178, s.13A; 1997, c.77, s.1; 1998, c.111, s.1.
