Whenever there is reason to doubt the defendant's fitness to proceed, the court may
order the detention of the defendant for the purpose of an examination by a tier 1a
mental health professional. The detention must be in the least restrictive appropriate setting, including the
state hospital, the life skills and transition center, or other suitable facility
for a reasonable period, not to exceed thirty days, for such examination. In lieu of detention, the court may allow the defendant to remain in the defendant's
present residential setting or other suitable residential setting for the purpose
of evaluation by a suitable facility or personnel, subject to any reasonable limitation
the court may impose. A human service center may not be considered a suitable facility and may not be
considered suitable personnel under this section unless the court is aware an inquiry
was made before the court ordered the evaluation to ensure appropriate resources exist
at the human service center being ordered to conduct the evaluation. The court, by subsequent order and for good cause shown, may extend the detention
for a period not to exceed thirty additional days. While the defendant is detained, the defendant's legal counsel, family, and others
necessary to assist in the defendant's case must have reasonable opportunity to examine
and confer with the defendant.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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