(1) (a) The court may order a defendant to be examined on an outpatient basis when the defendant: 1. Is believed to be incompetent to stand trial; 2. Intends to assert a defense of insanity at the time of the commission of the offense; or 3. Intends to introduce evidence of mental illness or intellectual disability bearing on the issue of guilt, punishment, or both. (b) The examination shall be done by an examiner from a treatment facility designated by the secretary to perform evaluations required by this chapter. (c) If the examiner concludes that inpatient examination is needed, the court may order the defendant be: 1. Committed to a forensic psychiatric facility or its designee for no more than thirty (30) days for further examination; and 2. Treated for his or her mental condition subject to the availability of the facility, if necessary. (2) (a) No later than ten (10) days after the examination, the examiner shall issue and deliver a report prepared under this chapter consistent with the terms of the referring court order. (b) The court shall order the report be filed under seal, with notice o f filing to all parties, and shall schedule the case for a status conference or hearing no more than thirty (30) days after the filing of the report. (3) The defendant shall be present at any hearing on his or her mental condition unless he or she waives the right to be present. (4) The examiner shall appear at any hearing on the defendant's mental condition unless the defendant waives his or her right to have the examiner appear. (5) An examiner retained by the defendant shall be permitted to participate i n any examination under this chapter. (6) The Cabinet for Health and Family Services, if the cabinet or its agent or employee does not provide the examination, shall pay a reasonable fee to any examiner ordered to examine, treat, or report on a defendant's mental condition. (7) The termination of criminal proceedings under this chapter is not a bar to the institution of civil commitment proceedings.
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