| 1. Court order; permissive. The District Court or the |
Superior Court having jurisdiction in any criminal case for cause |
shown may order the defendant examined to determine the |
defendant's mental condition with reference to the issues of |
competency, criminal responsibility, abnormal condition of mind |
and any other issue involving the mental or emotional condition |
of the defendant. The examination may be conducted by the State |
Forensic Service or by a psychiatrist or licensed clinical |
psychologist independent of the State Forensic Service. If |
additional examinations are ordered, the court shall ensure that |
at least one examination is conducted by the State Forensic |
Service. The court in selecting an independent practitioner and |
the site of any examination shall consider proximity to the |
court, availability of an examiner or examiners and the necessity |
for security precautions. No person may be presented for |
examination under this subsection without arrangements for that |
examination with the State Forensic Service or the independent |
practitioner being first made by the court, clerk of courts or |
sheriff. If the defendant is incarcerated, the examination is to |
be completed within 90 days. The opinion of the examiner or |
examiners relative to the competence, criminal responsibility, |
abnormal condition of mind or any other mental or emotional |
condition of the respondent must be reported without delay to the |
court following examination, together with copies to counsel for |
the respondent and counsel for the State. The trial for the |
defendant may not be held within 60 days after the report is made |
to the court unless this waiting period is waived by the |
defendant. |