Sec. 1. 15 MRSA §101-B, sub-§2, as amended by PL 1993, c. 704, §1, is further amended to read:

2. Court order; mandatory; secondary. The court shall order the defendant to be further examined by a psychiatrist and or a clinical licensed psychologist from the State Forensic Service if:

A. It appears to the court, based on the report of any such examiner, that:

(1) The defendant may suffer or may have suffered from a mental disease or defect, abnormal condition of mind or any mental or emotional condition affecting the defendant's guilt, criminal responsibility or competence to stand trial; or

(2) Further observation is required; or

B. The defendant enters or persists in a plea of not criminally responsible by reason of insanity for a period in excess of 21 days after the report in subsection 1 is filed.

A 2nd evaluation by a psychiatrist or a licensed psychologist from the State Forensic Service may be ordered at the discretion of the court or the director of the State Forensic Service.

SUMMARY

This bill increases the flexibility available to the courts in requesting so-called stage 2 evaluations. Currently, such evaluations must be completed by a clinical psychologist and a psychiatrist. The change in the bill allows the stage 2 evaluation to be completed by a licensed psychologist or a psychiatrist and, for an additional evaluation by a licensed psychologist or psychiatrist, to be assigned if deemed necessary or desirable by the court or the director of the State Forensic Service.