Mental competency proceedings

(a) Application

The duty to initiate a competency proceeding may arise at any time before judgment, and after judgment in a proceeding to revoke probation, mandatory supervision, postrelease community supervision, or parole.

(b) Initiation of mental competency proceedings

(1) If the court has a reasonable doubt based on substantial evidence that the defendant, due to a mental disorder or developmental disability, is incapable of understanding the nature of the proceedings against them or of rationally assisting in their defense, the court must suspend criminal proceedings and commence competency proceedings.

(2) The opinion of counsel, without a statement of specific reasons supporting that opinion, does not constitute substantial evidence. The court may allow defense counsel to present their opinion regarding the defendant’s mental competency ex parte and in camera if the court finds there is reason to believe that attorney-client privileged information will be inappropriately revealed if the hearing is conducted in open court.

(c) Effect of initiating mental competency proceedings

(1) If mental competency proceedings are initiated, criminal proceedings are suspended and may not be reinstated until the defendant is found mentally competent at a trial conducted under section 1369, by the court under section 1369(c)(1) when neither party objects to the competency report, at a hearing conducted under section 1370(a)(1)(I), or at a hearing following a certification of restoration under section 1372.

(2) Statutory requirements governing the time in which hearings must occur in the underlying criminal proceeding are tolled from the date on which criminal proceedings are suspended until the date on which criminal proceedings are reinstated. Upon reinstatement of criminal proceedings, unless waived by the defendant, all statutory time periods in which proceedings are required to occur are applicable, regardless of whether such time was waived by the defendant before the initiation of competency proceedings.

(3) The fact that criminal proceedings have been suspended and that competency proceedings have been initiated, in and of itself, is not grounds to revoke the defendant’s own recognizance status or to modify a previous bail order.