Rule 7-507.1. Competency.

A. Purpose; scope. This rule is intended to provide a timely, efficient, and accurate procedure for resolving whether a defendant is competent to stand trial. Competency to stand trial is distinct from other questions about a defendant’s mental health that may be relevant in a criminal proceeding, such as the substantive defenses of not guilty by reason of insanity at the time of commission of an offense and incapacity to form specific intent. B. Definitions. For purposes of this rule, the following definitions shall apply. (1) Competency. The terms competency, competence, and competent are used interchangeably throughout this rule and refer to whether the defendant has, (a) sufficient present ability to consult with the defendant’s lawyer with a reasonable degree of rational understanding, (b) a rational as well as factual understanding of the proceedings against the defendant, and (c) the capacity to assist in the defendant’s own defense and to comprehend the reasons for punishment. (2) Competency evaluation. A competency evaluation is an examination of the defendant by a psychologist or psychiatrist or other qualified professional recognized by the court as an expert, appointed by and acting on behalf of the court, limited to determining whether the defendant is competent to stand trial. Unless otherwise ordered by the court, a competency evaluation shall not state opinions about other matters at issue in the criminal case, including the defendant’s sanity at the time of the offense or ability to form a specific intent. C. Competency to stand trial. (1) The issue of the defendant’s competency to stand trial shall be raised whenever it appears that the defendant may not be competent to stand trial. The issue may be raised by motion, or upon the court’s own motion, at any stage of the proceedings. (2) The issue of the defendant’s competency to stand trial shall be determined by the judge, unless the judge finds there is evidence which raises a reasonable belief that the defendant may not be competent to stand trial. (3) If a reasonable belief that the defendant may not be competent to stand trial is raised prior to trial, the court shall order the defendant to undergo a competency evaluation. The qualified professional who evaluates the defendant’s competency shall prepare an evaluation report and submit the report as ordered by the court. The evaluation report shall conform to the requirements stated in NMSA 1978, Section 31-9- 1.1. If, in the opinion of the qualified professional, a defendant is not competent to stand trial, an evaluation report shall include the additional findings required in Section 31-9- 1.1(C)(1)-(2). (a) At any time, including in the order for competency evaluation, the court may order records that are reasonably necessary to the determination of the defendant’s competency. The records shall be provided to the forensic evaluator assigned to evaluating the defendant for competency. (b) If the defendant fails to appear for a competency evaluation, or the court and/or defense counsel is unable to locate the defendant or an address for the defendant, the evaluator or entity scheduling the evaluations shall notify the court, and the court shall make a record of the reason, if known, for the failure to appear; and (c) The court may issue a new or amended order for competency evaluation restarting the thirty (30)-day time period upon notification by the evaluator of the failure to appear for the competency evaluation or cancellation of a bench warrant for the defendant’s arrest. (4) The court shall hold a hearing to determine the issue of the defendant’s competency to stand trial: (a) within ten (10) days of the date an evaluation report is submitted to the court for an incarcerated defendant charged with misdemeanor charges; or (b) within ninety (90) days of the date an evaluation report is submitted to the court for a defendant who is not incarcerated. (5) If a defendant is found incompetent to stand trial the court shall transfer the proceedings to the district court for proceedings under Rule 5-602.2 NMRA. (6) If the finding of incompetency is made during the trial, the court shall declare a mistrial. D. Statement made during competency evaluation. A statement made by a person during a competency evaluation or treatment subsequent to the commission of the alleged crime shall not be admissible in evidence against such person in any criminal proceeding on any issue other than that of the person’s competency to stand trial.