I. (a) When a person is charged or indicted for any offense, or is awaiting the action of the grand jury on any felony, the circuit or superior court before which he or she is to be tried, if a plea of insanity is made in court, or said court is notified by either party that there is a question as to the competency or sanity of the person, may make such order for a pre-trial examination of such person by a qualified psychiatrist or psychologist on the staff of any public institution or by a private qualified psychiatrist or psychologist as the circumstances of the case may require, which order may include, though without limitation, examination at the secure psychiatric unit on an out-patient basis, the utilization of local mental health clinics on an in- or out-patient basis, or the examination of such person, should he or she be incarcerated for any reason, at his or her place of detention by qualified psychiatrists or psychologists assigned to a state or local mental health facility. Such pre-trial examination shall be completed within 45 days in the case of a person being held at a county correctional facility, otherwise 90 days after the date of the order for such examination, unless either party requests an extension of this period. For the purposes of this paragraph and N.H. Rev. Stat. § 135:17-a, III, “qualified” means board-eligible or board-certified in forensic psychiatry or psychology, or demonstrated competence and experience in completing court-ordered forensic criminal evaluations. A licensed out-of-state psychiatrist or psychologist who meets the definition of qualified may also conduct evaluations under this paragraph and N.H. Rev. Stat. § 135:17-a, III.
(b) In cases where the person is being held at a county correctional facility or the New Hampshire state prison, the facility may request a pre-trial examination of such person for the purpose of determining if the person is competent to stand trial. Such request shall be reviewed, and a decision rendered by the district or superior court before which he or she is to be tried.
(c) In cases where the person is incarcerated and a pre-trial examination has not been performed within 45 days of the court’s order, the court shall, upon request of the person, order an evaluation by a qualified psychiatrist or psychologist. The court shall favorably consider a request that the psychiatrist or psychologist be treated as a defense expert who shall be compensated pursuant to N.H. Rev. Stat. § 604-A:6.
(d) In cases where the person is incarcerated and an examination has not been performed, the court before which he or she is to be tried shall review the person’s bail status on a monthly basis.
II. The circuit or superior court may allow the parties to obtain separate competency evaluations if such request is made and the circumstances require it. The competency evaluations shall address:
(a) Whether the defendant suffers from a mental disease or defect; and
(b) Whether the defendant has a rational and factual understanding of the proceedings against him or her, and sufficient present ability to consult with and assist his or her lawyer on the case with a reasonable degree of rational understanding.
III. If the qualified psychiatrist or psychologist concludes that the defendant is not competent to stand trial under the definition set forth in II(b), the evaluation shall include the qualified psychiatrist’s or psychologist’s findings as to whether there is a course of treatment which is reasonably likely to restore the defendant to competency.