10A N.C. Admin. Code 27H.0207

Current through Register Vol. 39, No. 9, November 1, 2024

Section 27H .0207 - DUTIES OF A CERTIFIED FORENSIC EVALUATOR

When a capacity evaluation is ordered by the court, to be conducted through the LME-MCO, the local certified forensic evaluator shall conduct a forensic evaluation or examination of the defendant and shall submit a report to the court that addresses the following:

(1) the defendant's current mental state, his or her capacity to proceed to trial, a treatment recommendation, if any, and if the defendant lacks capacity to proceed, the likelihood that the defendant will gain the capacity to proceed; or

(2) the need for further evaluation of the defendant at the Pre-Trial Evaluation Center if the certified forensic evaluator is unable to reach a conclusion as to the defendant's capacity to proceed to trial.

10A N.C. Admin. Code 27H .0207

Authority G.S. 15A 1002; 122C-54; 122C-115.4(a); 143B-147;
Eff. July 1, 1982;
Amended Eff. June 1, 2018; May 1, 1990.

Authority G.S. 15A-1002; 143B-147;
Eff. July 1, 1982;
Amended Eff. May 1, 1990.

Amended by North Carolina Register Volume 32, Issue 03, August 1, 2017 effective 7/1/2017.