(a) The court may order the Department of Health, Division of Behavioral Health to conduct a psychiatric or psychological examination of a person. The cost of the report(s) must be paid as determined by the court. A psychiatric or psychological report ordered by the court must be prepared by the examiner and submitted to the court within 30 days unless ordered otherwise by the court. The psychiatric or psychological report must be filed with the court under seal with copies provided to all counsel all of record, and must include:(1) The person’s history and present symptoms;(2) A description of the psychiatric, psychological, and medical tests that were employed and their results;(3) The examiner’s findings;(4) The examiner’s opinions as to diagnosis, prognosis, as well as:(5) Information regarding whether the person is suffering from a mental health disorder rendering the person mentally incompetent to the extent that the person is unable to understand the nature and consequences of the proceedings against them or to assist properly in their defense;(6) Whether the person was insane at the time of the offense charged or suffering from some mental health disorder;(7) Whether the person is suffering from a mental health disorder and as a result would create a risk of bodily injury to another person or serious damage to property of another;(8) Whether the person is a sexually dangerous person, if applicable;(9) Whether the person is suffering from a mental health disorder as a result of which the person is in need of custody for care or treatment in a suitable facility;(10) If the examination is ordered as a part of a presentence investigation; any recommendation the examiner may have as to how the mental condition of the defendant should affect the sentence and a proposed treatment plan; and(11) Whether the person is competent to stand trial or any other judicial proceedings.
(1) The person’s history and present symptoms;
(2) A description of the psychiatric, psychological, and medical tests that were employed and their results;
(3) The examiner’s findings;
(4) The examiner’s opinions as to diagnosis, prognosis, as well as:(5) Information regarding whether the person is suffering from a mental health disorder rendering the person mentally incompetent to the extent that the person is unable to understand the nature and consequences of the proceedings against them or to assist properly in their defense;(6) Whether the person was insane at the time of the offense charged or suffering from some mental health disorder;(7) Whether the person is suffering from a mental health disorder and as a result would create a risk of bodily injury to another person or serious damage to property of another;(8) Whether the person is a sexually dangerous person, if applicable;(9) Whether the person is suffering from a mental health disorder as a result of which the person is in need of custody for care or treatment in a suitable facility;(10) If the examination is ordered as a part of a presentence investigation; any recommendation the examiner may have as to how the mental condition of the defendant should affect the sentence and a proposed treatment plan; and(11) Whether the person is competent to stand trial or any other judicial proceedings.
(5) Information regarding whether the person is suffering from a mental health disorder rendering the person mentally incompetent to the extent that the person is unable to understand the nature and consequences of the proceedings against them or to assist properly in their defense;
(6) Whether the person was insane at the time of the offense charged or suffering from some mental health disorder;
(7) Whether the person is suffering from a mental health disorder and as a result would create a risk of bodily injury to another person or serious damage to property of another;
(8) Whether the person is a sexually dangerous person, if applicable;
(9) Whether the person is suffering from a mental health disorder as a result of which the person is in need of custody for care or treatment in a suitable facility;
(10) If the examination is ordered as a part of a presentence investigation; any recommendation the examiner may have as to how the mental condition of the defendant should affect the sentence and a proposed treatment plan; and
(11) Whether the person is competent to stand trial or any other judicial proceedings.
(b) The administrator of the facility in which a person is committed shall prepare quarterly reports. These reports must address the mental condition of the person and recommendations concerning the need for the person’s continued commitment. The reports must also state the rehabilitation programs the person is undergoing at the facility. The reports must be submitted to the court, all counsel of record, and to other persons as the court may direct.
(c) The court sua sponte or upon written motion of, defense counsel, or counsel of record for the Department of Justice, may order a videotape record made of the defendant’s testimony or interview upon which the periodic report is based. The videotape records must be submitted to the court along with the periodic report.