********************************************* 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 222 (02/2012) 1 of 9 American LegalNet, Inc. www.FormsWorkFlow.com STATE OF SOUTH CAROLINA COUNTY OF ________________ The State of South Carolina, Defendant. _____________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE COURT OF GENERAL SESSIONS Indictment No.(s): ______________________ A/Warrant No.(s): ______________________ ORDER FOR CRIMINAL RESPONSIBILITY AND CAPACITY TO CONFORM EVALUATION (M'NAUGHTEN) Select one of the following: (Controls access to evaluation report as outlined below.) ___ Ex parte evaluation requested by defendant prior to assertion of insanity defense. ___ Evaluation requested by either party after defendant's assertion of insanity defense. ___ Evaluation requested by consent of both parties at any time. This matter is before me for an order requiring defendant _______________________, charged with______________, to submit to an evaluation for criminal responsibility and capacity to conform conduct to the requirements of the law on or about _______________ pursuant to S.C. Code Ann. § 17-24-10 (1976). One of the following circumstances applies to the issuance of this order: (1) defendant has requested an evaluation to determine whether the insanity defense may apply; or (2) prosecution or defendant has requested this evaluation after defendant has affirmatively asserted the insanity defense and given appropriate notice pursuant to Rule 5(f) of the South Carolina Rules of Criminal Procedure; or (3) both parties by consent request this evaluation regardless of whether defendant has asserted the insanity defense. BASIS FOR ORDER. I have considered the showing made in support of the motion requesting this evaluation and find defendant's mental state at the time of the alleged crime(s) will likely be at issue in this proceeding. This order is issued for the following reasons: _______________________________________________________. THEREFORE, IT IS ORDERED: Because the Department of Mental Health has statutory SCCA 222 (02/2012) 2 of 9 American LegalNet, Inc. www.FormsWorkFlow.com responsibility for custody and control of individuals determined not guilty by reason of insanity, defendant shall be examined and observed at an appropriate facility of the Department of Mental Health by one or more examiners to determine whether defendant is criminally responsible pursuant to S.C. Code Ann. § 17-24-10(A) (1976) for conduct on or about _________________________. If defendant is believed to be criminally responsible by the designated examiners, defendant shall be further examined to determine whether, because of mental disease or defect, defendant lacked sufficient capacity to conform conduct to the requirements of the law on or about ______________________________ pursuant to S.C. Code Ann. § 17-24-20(A) (1976). COMPLIANCE DEADLINE/TRANSPORT FOR EVALUATION. The examining facility shall schedule the ordered examination as soon as possible and no later than sixty (60) days from the receipt of this order by the Department of Mental Health, this time being necessary to gather required records. 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 Department of Mental Health 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 th