{"data":{"id":"us-nm/31-9-1.1","jurisdiction":"us-nm","citation":"31-9-1.1","heading":"Determination of competency; evaluation and determination.","body":"A. A defendant's competency shall be evaluated by a psychologist or psychiatrist or other qualified professional recognized by the district court as an expert. The qualified professional who evaluates a defendant's competency shall prepare an evaluation report and submit the report as ordered by the court.\nB. An evaluation report shall include a qualified professional's opinion as to whether a defendant is competent to stand trial and has:\n(1) a sufficient, present ability to consult with the defendant's lawyer with a reasonable degree of rational understanding;\n(2) a rational and factual understanding of the proceedings against the defendant; and\n(3) the capacity to assist in the defendant's own defense and to comprehend the reasons for punishment.\nC. If, in the opinion of the qualified professional, a defendant is not competent to stand trial, an evaluation report shall include the qualified professional's opinion as to whether the defendant:\n(1) satisfies the criteria for involuntary commitment in accordance with the Mental Health and Developmental Disabilities Code [Chapter 43, Article 1 NMSA 1978] and whether:\n(a) as a result of a mental disorder, the defendant presents a likelihood of serious harm to the defendant's self or others;\n(b) the defendant needs and is likely to benefit from involuntary commitment and treatment; and\n(c) the proposed commitment is consistent with the treatment needs of the defendant and with the least drastic means principle; or\n(2) satisfies the criteria for involuntary treatment in accordance with the Assisted Outpatient Treatment Act [43-1B-1 to 43-1B-14 NMSA 1978] and whether the defendant:\n(a) has a primary diagnosis of a mental disorder;\n(b) has demonstrated a history of lack of compliance with treatment for a mental disorder;\n(c) is unwilling or unlikely, as a result of a mental disorder, to voluntarily participate in outpatient treatment that would enable the person to live safely in the community without court supervision;\n(d) is in need of assisted outpatient treatment as the least restrictive appropriate alternative to prevent a relapse or deterioration likely to result in serious harm to the defendant's self or others; and\n(e) will likely benefit from assisted outpatient treatment and have the defendant's best interests served.\nD. A competency hearing shall be held:\n(1) within thirty days from the date an evaluation report is submitted to the court for an incarcerated defendant charged with a felony;\n(2) within ten days from the date an evaluation report is submitted to the court for an incarcerated defendant not charged with a felony; and\n(3) within ninety days after an evaluation report is submitted to the court for a defendant who is not incarcerated.","path":["Chapter 31 - Criminal Procedure","ARTICLE 9 Mental Illness and Competency"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18531/index.do","current_through":"2026-05-20","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"263378c8cbf92a4fd99a794db7ddcfd320794b2a8a9af0e51de3714994aea7b7","source_id":"us-nm","stale":false,"prev":"us-nm/31-9-1","next":"us-nm/31-9-1.2"},"notice":"GroundRules: Original legal text. Not legal advice."}