Definitions.

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  • (1) "Competency evaluation" means an evaluation conducted by a forensic evaluator to determine if an individual is competent to stand trial.
  • (2) "Competent to stand trial" means that a defendant has:
    • (a) a rational and factual understanding of the criminal proceedings against the defendant and of the punishment specified for the offense charged; and
    • (b) the ability to consult with the defendant's legal counsel with a reasonable degree of rational understanding in order to assist in the defense.
  • (3) "Department" means the Department of Human Services.
  • (4) "Forensic evaluator" means a licensed mental health professional who is:
    • (a) not involved in the defendant's treatment; and
    • (b) trained and qualified by the department to conduct a competency evaluation, a restoration screening, and a progress toward competency evaluation.
  • (5) "Incompetent to proceed" means that a defendant is not competent to stand trial.
  • (6) "Petition" means a petition to request a court to determine whether a defendant is competent to stand trial.
  • (7) "Progress toward competency evaluation" means an evaluation to determine whether an individual who is receiving restoration treatment is:
    • (a) competent to stand trial;
    • (b) incompetent to proceed but has a substantial probability of becoming competent to stand trial in the foreseeable future; or
    • (c) incompetent to proceed and does not have a substantial probability of becoming competent to stand trial in the foreseeable future.
  • (8) "Restoration screening" means an assessment of an individual determined to be incompetent to stand trial for the purpose of determining the appropriate placement and restoration treatment for the individual.
  • (9) "Restoration treatment" means training and treatment that is:
    • (a) provided to an individual who is incompetent to proceed;
    • (b) tailored to the individual's particular impairment to competency; and
    • (c) limited to the purpose of restoring the individual to competency.




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