Determination of competency; evaluation and

determination. A. A defendant's competency shall be evaluated by a psychologist or psychiatrist or other qualified professional recognized by the district court as an expert. The qualified professional who evaluates a defendant's competency shall prepare an evaluation report and submit the report as ordered by the court. B. An evaluation report shall include a qualified professional's opinion as to whether a defendant is competent to stand trial and has: (1) a sufficient, present ability to consult with the defendant's lawyer with a reasonable degree of rational understanding; (2) a rational and factual understanding of the proceedings against the defendant; and (3) the capacity to assist in the defendant's own defense and to comprehend the reasons for punishment. C. If, in the opinion of the qualified professional, a defendant is not competent to stand trial, an evaluation report shall include the qualified professional's opinion as to whether the defendant: (1) satisfies the criteria for involuntary commitment in accordance with the Mental Health and Developmental Disabilities Code [Chapter 43, Article 1 NMSA 1978] and whether: (a) as a result of a mental disorder, the defendant presents a likelihood of serious harm to the defendant's self or others; (b) the defendant needs and is likely to benefit from involuntary commitment and treatment; and (c) the proposed commitment is consistent with the treatment needs of the defendant and with the least drastic means principle; or (2) satisfies the criteria for involuntary treatment in accordance with the Assisted Outpatient Treatment Act [43-1B-1 to 43-1B-14 NMSA 1978] and whether the defendant: (a) has a primary diagnosis of a mental disorder; (b) has demonstrated a history of lack of compliance with treatment for a mental disorder; (c) is unwilling or unlikely, as a result of a mental disorder, to voluntarily participate in outpatient treatment that would enable the person to live safely in the community without court supervision; (d) is in need of assisted outpatient treatment as the least restrictive appropriate alternative to prevent a relapse or deterioration likely to result in serious harm to the defendant's self or others; and (e) will likely benefit from assisted outpatient treatment and have the defendant's best interests served. D. A competency hearing shall be held: (1) within thirty days from the date an evaluation report is submitted to the court for an incarcerated defendant charged with a felony; (2) within ten days from the date an evaluation report is submitted to the court for an incarcerated defendant not charged with a felony; and (3) within ninety days after an evaluation report is submitted to the court for a defendant who is not incarcerated. History: 1978 Comp., § 31-9-1.1, enacted by Laws 1988, ch. 107, § 2 and by Laws 1988, ch. 108, § 2; 1993, ch. 240, § 2; 1993, ch. 249, § 2; 2025, ch. 4, § 2.