Fill and Sign the Order for Out Patient Evaluation of Defendants Forms

State of Alabam a Unif ied Judicial System For m CR- 34 ( front) Rev. 5/2000 ORDER FOR OUT-PATIENT EVALUATION OF DEFENDANTS COMPETENCY ONLY Case Number IN THE CIRCUIT COURT OF__________________________________________________________________, ALABAMA (Name of County) ST ATE OF ALABAMA v. ______________________________________________________________________ \ Defen dant WHEREA S, the above-named defendant is before the court, having been charged w ith the offenses(s) of__________ ________________________________________________________________________\ ___________________________; and w hereas the court has received information indicating t hat the above-named def endant may lack sufficient present ability to assist in his or her defense, by consulting with couns el, w ith a reasonable degree of ra tional understanding of the facts an d the legal proceedings against the defendant (motion for exami nation having been filed by ____________________________) __________________, and the court finding reasonable grounds exist to question the def endant’s competency , to-w it:_____ ________________________________________________________________________\ ___________________________; IT IS HEREBY ORDERED that: (1) The defendant shall undergo examination on an out- patient basis by a psy chiatrist or psy chologist under contract with or employ ed by the Alabama Department of Mental Health and Mental Retar dation to conduct a clinical evaluation pertaining to the defendant’s suffici ent present ability to assist in his or her defense, by consulting w ith counsel, w ith a reasonable degree of rational understandi ng of the facts and the legal pr oceedings pending before the court; (2) If the defendant is in custody , the person who has custody of the defendant shall make t he defendant available at such times and locations as required by the Alabama Department of mental Health and Ment al Retardation, and, w here necessary , the Sheriff’s Department shall be responsible for the custody , care, and transporta tion of the def endant during the out-patient visit; (3) The district attorney shall make availabl e to the examining psy chologist/psy chiatrist information concerning the nature and circumstances of the offense(s) charged, as well as the prior criminal hi story of the def endant. T he defense attorney may provide such information as may be in his/her po ssession to assist the examining psy chiatrist/psy chologist in the evaluation of the def endant’s mental condition, including records of prior psy chiatric treatment. All information provided to the psy chologist or psy chiatrist purs uant to this order shall be protected from discovery according to Rule 16, Alabama Rules of Criminal Procedure; (4) Upon completion of the clinical examination, copies of the w ritten report sha ll be forw arded to the circuit judge, the defendant’s attorney , the district attorney , and, upon further order of the court, to others having a proper interest therein. The original w ritten report shall be filed w ith the clerk of court, under seal, and s hall contain the follow ing information: (a) T he mental condition of t he defendant as related to his/her sufficient present ability to assist in his/her defense, by consulting w ith counsel, w ith a reasonable degree of rational understanding of the fa cts and the legal proceedings against the defendant. (b) If it is the opinion of the psy chologist or psy chiatrist that t he defendant lacks sufficient present ability to assist in his/her defense, by consulting w ith counsel, w ith a reasonable degree of rational under standing of the facts and the legal proceedings against the defendant, the report shall also state the opinion of the psy chologist or psy chiatrist as to: (1) The condition causing the defendant’s incompetency and t he nature thereof; (2) The treatment required for t he defendant to attain competency ; Defen se A ttorney D istrict A ttorney Sh eriff D ept. of Mental H ealth /Mental R etard atio n/Desig nated Regional Ou tpatient Pr ogr am of DM HM R From CR-34 (back) Rev. 5/00 ORDER FOR OUTPATIENT EVALUATION OF DEFENDANT’S COMPETENCY (3) The most appropriate form and place of treatment in view of the defendant’s therapeutic needs and potential danger to himself or herself, or to others, and an explanation of appropriate treatment alternatives; (4) The likelihood of the defendant’s attaining com petency under treatment and the probable duration of the treatment; and (5) The availability of the various types of accept able treatment in the local geographic area, specifying the agencies or the settings in which the treatment might be obtained and whether t he treatment would be available on an out-patient basis; and (6) ________________________________________________________________________\ _____________ _____________________________________________________________________\ ________________ _____________________________________________________________________\ ________________ _____________________________________________________________________\ ________________ (List here such other matters the court deems appropriate) (5) Further criminal proceedings against the defendant are hereby continued generally until such time as the court receives a report from the Alabama Depar tment of Mental Health and Mental Retardation. Provided, however, such continuation does not include bond hearings, grand jury hearings, or preliminary hearings, all of which may be conducted as necessary. ORDERED this _______ day of _______________________, 20_____. ______________________________________ Circuit Judge Rule 11.1, Ala.R.Crim.P 11.2(a)(1), Ala.R.Crim.P 11.2(c), Ala.R.Crim.P 11.3(a), Ala.R.Crim.P 11.3(c), Ala.R.Crim.P 11.5, Ala.R.Crim.P