Order For Criminal Responsibility And Capacity To Conform Evaluation Form (Page 4 of 9) in pdf

Order For Criminal Responsibility And Capacity To Conform Evaluation Form Page 4

by written communication recommend to the Court that a competency to stand trial evaluation

should be ordered. Further, the examiner should state whether, in the examiner’s opinion, such lack

of competency is due to a mental illness or, in the alternative, an intellectual disability or a related

disability. A copy of this written communication shall be sent to the prosecutor and defense counsel.

AUTHORIZATION FOR INPATIENT EVALUATION. In the event examiners from the

Department of Mental Health determine defendant requires an inpatient examination, upon written

notice to this Court from the director of the Department of Mental Health or his designee, defendant

shall be committed to an appropriate facility of the Department of Mental Health for no more than

fifteen (15) days for examination and observation related to defendant’s criminal responsibility and

capacity to conform. If the examination and observation of defendant has not concluded at the end

of the initial inpatient fifteen (15) days, defendant may be kept in the continued custody of the

Department of Mental Health for an additional period not to exceed fifteen (15) days, provided the

director of the examining facility or his designee notifies this Court in writing. The issuance of an

additional Court order allowing for the inpatient commitment(s) discussed in this paragraph is not

necessary.

DETENTION BEYOND EVALUATION PERIOD. If, in the judgment of Department of

Mental Health examiners, defendant is in need of immediate hospitalization or inpatient treatment,

upon written request to this Court from the director of the examining facility or his designee,

defendant may be detained by the Department of Mental Health in a suitable facility for so long as

deemed clinically necessary or until a hearing on the matter may be conducted by this Court. An

additional Court order shall be necessary for ongoing pre-trial inpatient detention of defendant as

discussed in this paragraph.

ACCESS TO EXAMINER’S REPORT. The Department of Mental Health is an

independent entity, conducting this evaluation pursuant to Court order, and is not aligned with any

party before the Court. It is the intention of the State of South Carolina to provide defendant an

adequate opportunity for mental status investigation when the defendant’s mental condition is

seriously in question pursuant to Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087 (1985), either

before or after defendant formally asserts the insanity defense.

The purpose of the following provisions controlling access to the examiner’s report is to

SCCA 222 (02/2012)

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Order For Criminal Responsibility And Capacity To Conform Evaluation Form Page 4