********************************************* COVERSHEET FOR DMH AND DDSN EVALUATION ORDERS 1. The Competency to Stand Trial Evaluation orders (SCCA 221 and SCCA 487) and the Criminal Responsibility (McNaughten) Evaluation order (SCCA 222) should not be altered. It is important for purposes of compliance with the statutes as well as timeliness, efficiency and quality control in conducting evaluations that the applicable form order be used exactly as published, without alterations or additions to the terms of the form order. Additional records must be attached to the order for a complete evaluation. It is the duty of counsel requesting the evaluation to obtain these records in advance and have them ready at the time the judge signs the order so that the evaluation will not be delayed. Within five (5) days of its issuance, counsel must file the order with the Clerk and serve the order on the examining agency. A list of the necessary records is available on the last page of the order, and may include: Completed DMH/DDSN Outpatient Information Appointment Sheet Copy of the indictments(s) Copy of the arresting agency's incident report Copy of the warrant(s) Law enforcement investigative reports The defendant or juvenile's statements to law enforcement, written or electronically recorded Witness statements to law enforcement Autopsy reports Defendant's school psychological records Defendant's Rule 5(f) notice of insanity records Copy of the Juvenile Petition Special education records, including psychological evaluations and IEPs School records, including disciplinary and attendance records Mental health records, including inpatient and outpatient evaluation and/or treatment 3. Only one Competency to Stand Trial evaluation can be ordered. For Defendants with mental illness, the order is addressed to the Department of Mental Health. For Defendants with mental retardation, the order is addressed to the Department of Disabilities and Special Needs. The order may not be addressed to both agencies. In the event there is a dual diagnosis or uncertainty as to the correct diagnosis, the order is first addressed to the Department of Mental Health, and the examiners will determine whether further referral is necessary. All orders for criminal responsibility evaluation, regardless of the diagnosis, are forwarded to the Department of Mental Health. 2. SCCA 221 (02/2012) 1 of 8 American LegalNet, Inc. www.FormsWorkFlow.com STATE OF SOUTH CAROLINA COUNTY OF ____________________ The State of South Carolina, Plaintiff, v. _______________________________, Defendant. ) IN THE COURT OF GENERAL SESSIONS ) Indictment No.(s):______________________ ) A/Warrant No.(s):______________________ ) ) ORDER FOR COMPETENCY TO STAND ) TRIAL EVALUATION PURSUANT TO ) STATE V. BLAIR ) ) EVALUATION BY: ) (Select Only One) ) ) __ Department of Mental Health (Mental Illness) ) ) OR ) ) __ Department of Disabilities and Special Needs ) (Intellectual Disability or Related Disability) This matter is before me for an order requiring defendant _________________________ ____________________________________________, charged with ______________________ ______________________________________________________________, to submit to an evaluation for competency to stand trial pursuant to State v. Blair, 275 S.C. 529, 273 S.E.2d 536 (1981) and S.C. Code Ann. § 44-23-410 (1976). BASIS FOR ORDER. I have considered the showing made in support of the motion requesting this evaluation and have reason to believe defendant may lack the competency to understand the criminal proceedings or to assist with the defense as a result of a lack of mental competence. This order is issued for the following reasons: __________________________________ ______________________________________________________________________________ ______________________________________________________________________________ THEREFORE, IT IS ORDERED: Defendant shall be examined and observed at an appropriate facility by two examiners of the Department of Mental Health if suspected of having a mental illness or by two examiners designated by the Department of Disabilities and Special Needs if suspected of having an intellectual disability or a related disability, to render an opinion whether defendant is competent to stand trial. COMPLIANCE DEADLINE/TRANSPORT FOR EVALUATION. The examining SCCA 221 (02/2012) 2 of 8 American LegalNet, Inc. www.FormsWorkFlow.com facility shall schedule the ordered examination no later than thirty (30) days from the examining agency's receipt of this order. If defendant is currently free on bond or personal recognizance, defendant is responsible for making transportation arrangements to attend the examination. In the event defendant does not appear at the scheduled examination, upon written notice of such failure by the examining agency to the Sheriff of the county in which this case arose, defendant shall be taken into custody by the Sheriff and held until an examination can be scheduled and completed, and thereafter shall be released. Defendant's bond or bail is hereby revoked to the extent necessary to carry out the provisions of this order, and upon completion of the examination and release of defendant, any previous bail or bond issued by the Court shall remain in effect. If defendant is in custody at the time of the scheduled examination, the Sheriff is hereby authorized and required to transport defendant to and from the examination, arriving at the examining facility at the time established by confirmed appointment with the staff of the examining facility. In the event defendant is in custody of a law enforcement agency other than a Sheriff's department, nothing herein prevents such agency from carrying out the provisions of this order. TRANSFER TO ALTERNATE AGENCY. If the initial examination is performed by the Department of Mental Health, and examiners find indications of an intellectual disability or a related disability but not mental illness, the Department of Mental Health shall not render an opinion on mental competency, but shall inform the Court, prosecutor, and defense counsel that defendant is "not mentally ill" and shall provide a copy of such notification and a copy of this order to the Department of Disabilities and Special Needs. Likewise, if the initial examination is performed by the Department of Disabilities and Special Needs, and examiners find indications of mental illness but not an intellectual disability or a rel