The defendant's competency shall be professionally evaluated by a psychologist or psychiatrist or other qualified professional recognized by the district court as an expert and a report shall be submitted as ordered by the court. A hearing on the issue of the competency of an incarcerated defendant charged with a felony shall be held by the district court within a reasonable time, but in no event later than thirty days after notification to the court of completion of the diagnostic evaluation. In the case of an incarcerated defendant not charged with a felony, the court shall hold a hearing and determine his competency within ten days of notification to the court of completion of the diagnostic evaluation.

History: 1978 Comp., § 31-9-1.1, enacted by Laws 1988, ch. 107, § 2 and by Laws 1988, ch. 108, § 2; 1993, ch. 240, § 2; 1993, ch. 249, § 2.

Cross references. — For rule of criminal procedure governing defenses of insanity, incompetency, and lack of capacity, see Rule 5-602 NMRA.

The 1993 amendment, rewrote the section to the extent that a detailed comparison was impracticable. The section was also amended by Laws 1993, ch. 240, § 2, effective June 18, 1993. The section was set out as amended by Laws 1993, ch. 249, § 2. See 12-1-8 NMSA 1978.

Standard for competency. — The standard for competency is met if "defendant understands the nature and significance of the proceedings, has a factual understanding of the charges, and is able to assist his attorney in his defense". State v. Najar, 1986-NMCA-068, 104 N.M. 540, 724 P.2d 249, cert. denied, 104 N.M. 460, 722 P.2d 1182; State v. Duarte, 1996-NMCA-038, 121 N.M. 553, 915 P.2d 309, cert. denied, 121 N.M. 444, 913 P.2d 251.

Five year delay between arraignment and competency hearing. — The defendant was not denied due process when there was a five year delay between his arraignment and his competency hearing where much of the delay occurred awaiting a determination of the defendant's competency by a qualified professional; the district court ordered the defendant's attorney to request a competency hearing when the attorney received the report of the mental evaluation; no mental evaluation was submitted to the district court despite repeated court-ordered evaluations; and the defendant did not oppose his continued commitment. State v. Demongey, 2008-NMCA-066, 144 N.M. 333, 187 P.3d 679, cert. quashed, 2011-NMCERT-001, 150 N.M. 560, 263 P.3d 902.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of indigent defendant in state criminal case to assistance of psychiatrist or psychologist, 85 A.L.R.4th 19.

Qualification of nonmedical psychologist to testify as to mental condition or competency, 72 A.L.R.5th 529.