Rule 10-242. Determination of competency to stand trial.

A. How raised. The issue of a respondent child’s competency to stand trial may be raised by motion, or upon the court’s own motion, at any stage of the proceedings. Once competency is raised, all proceedings in the cause, including grand jury proceedings, shall immediately be stayed in accordance with Section 32A-1-3(G) NMSA 1978. B. Mental examination. Upon motion and upon good cause shown the children’s court judge shall order a mental examination of the respondent child before making any determination of competency. C. Determination. The issue of competency shall be determined by the children’s court judge, unless the judge finds there is evidence which raises a reasonable doubt as to the respondent child’s competency to stand trial. (1) If a reasonable doubt is raised prior to the adjudicatory hearing, the children’s court, without a jury, may determine the issue of competency; or, in its discretion, may submit the issue to a jury, other than the jury sitting at the adjudicatory hearing. (2) If the issue of competency is raised during the adjudicatory hearing, the children’s court judge in nonjury cases shall determine the issue; in jury cases, the jury shall be instructed upon the issue. If, however, the respondent child has been previously found to be competent to stand trial in the proceedings, the issue of competency shall be redetermined in accordance with this rule only if the children’s court judge finds that there is evidence not previously submitted which raises a reasonable doubt as to the respondent child’s competency to participate in the proceedings. D. Proceedings on finding of incompetency. If a respondent child is found incompetent to stand trial in a case in which the respondent child is accused of an act that would be a misdemeanor if the respondent child were an adult, the court shall dismiss the petition with prejudice and may recommend that the children’s court attorney initiate proceedings under the Children’s Mental Health and Developmental Disabilities Act, Sections 32A-6-1 to 32A-6-22 NMSA 1978. In all other cases in which the respondent child is found incompetent to stand trial: (1) further proceedings on the petition shall be stayed until the respondent child becomes competent to participate in the proceedings, provided that a petition shall not be stayed for more than one (1) year; (2) where appropriate, the court may order treatment to enable the respondent child to attain competency to stand trial; (3) the court may review and amend the conditions of release pursuant to Rule 10-225 NMRA of these rules; and (4) the court shall review the respondent child’s competency every ninety (90) days for up to one year. E. Remedy. If, at any time during the year described in Paragraph D, the court finds that the respondent child cannot be treated to competency or if the court finds after one year that the respondent child is still incompetent to stand trial, then the case shall be dismissed without prejudice. The court may recommend proceedings under the Children’s Mental Health and Developmental Disabilities Act, Sections 32A-6-1 to 32A- 6-22 NMSA 1978. F. Mistrial. If the finding of incompetency is made during the adjudicatory hearing, the children's court judge shall declare a mistrial.