NM SB232

Competency questions for a child defendant may be raised by the court or by written motion from either party, with supporting documents required for motions

Courts may only order competency evaluations when a compelling reason exists; a child's age alone cannot serve as the sole justification for evaluation

Child defendants are presumed competent, and any ordered evaluation must be conducted by an independent child psychologist recognized by the court as an expert

Competency evaluations must assess four specific areas: ability to understand relevant information, ability to appreciate consequences of choices, reasoning skills in weighing options and outcomes, and ability to express a choice clearly

"Child" is defined as a person under eighteen years of age