Establishes State-funded roster of mental health professionals to perform competency evaluations in criminal cases; makes appropriation.

A5137

ASSEMBLY, No. 5137

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 28, 2026

Sponsored by:

Assemblyman� SEAN T. KEAN

District 30 (Monmouth and Ocean)

SYNOPSIS

���� Establishes State-funded roster of mental health
professionals to perform competency evaluations in criminal cases; makes
appropriation.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning competency evaluations of criminal
defendants, amending N.J.S.2C:4-5, supplementing Title 2C of the New Jersey
Statutes, and making an appropriation.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1. N.J.S.2C:4-5 is amended to
read as follows:

���� 2C:4-5. Psychiatric or
Psychological Examination of Defendant With Respect to Fitness to Proceed.

���� a.���� Whenever there is
reason to doubt the defendant�s fitness to proceed, the court may on motion by
the prosecutor, the defendant or on its own motion, appoint at least one
qualified psychiatrist or licensed psychologist
, or if the defendant is
charged with a crime of the first or second degree, appoint at least two
qualified psychiatrists or licensed psychologists,
to examine and report
upon the mental condition of the defendant.� The psychiatrist or licensed
psychologist so appointed shall be either:

���� (1)�� From
[
a list agreed
to by the court, the prosecutor and the defendant
]

the State-funded roster
established pursuant to section 2 of P.L.���� , c.���� (C.���� ) (pending
before the Legislature as this bill), which may include personnel from the
Department of Human Services
; or

���� (2)�� Agreed to by the court,
prosecutor and defendant.

����
[
Alternatively, the court may
order examination of a defendant for fitness to proceed by the Department of
Human Services.� The
]

If an evaluation is to be performed by personnel from the Department of
Human Services, the
department shall provide or arrange for examination of
the defendant at a jail, prison or psychiatric hospital.� However, to ensure
that a defendant is not unnecessarily hospitalized for the purpose of the
examination, a defendant shall not be admitted to a State psychiatric hospital
for an examination regarding his fitness to proceed unless a qualified
psychiatrist or licensed psychologist designated by the commissioner
, who
shall be different from the professional performing the examination,

determines that hospitalization is clinically necessary to perform the
examination.� Whenever the qualified psychiatrist or licensed psychologist
determines that hospitalization is clinically necessary to perform the
examination, the court shall order the defendant to be committed to the custody
of the Commissioner of Human Services for placement in a State psychiatric
hospital designated for that purpose for a period not exceeding 30 days.

����
Nothing in this section
shall be construed to limit or impair the ability of the defendant or the
prosecutor to retain their own respective psychiatrist or psychologist at their
own respective expense.
� A qualified psychiatrist or licensed psychologist
retained by the defendant or by the prosecutor shall, if requested, be
permitted to examine a defendant who has been admitted to a State psychiatric
hospital.�

���� b.��� The report of the
examination shall include at least the following: (1) a description of the
nature of the examination; (2) a diagnosis of the mental condition of the
defendant; (3) an opinion as to the defendant�s capacity to understand the
proceedings against him and to assist in his own defense.� The person or
persons conducting the examination may ask questions respecting the crime
charged when such questions are necessary to enable formation of an opinion as
to a relevant issue, however, the evidentiary character of any inculpatory
statement shall be limited expressly to the question of competency and shall
not be admissible on the issue of guilt.

���� c.���� If the examination
cannot be conducted by reason of the unwillingness of the defendant to
participate therein, the report shall so state and shall include, if possible,
an opinion as to whether such unwillingness of the defendant was the result of
mental incompetence.� Upon the filing of such a report, the court may permit
examination without cooperation, may appoint a different psychiatrist or
licensed psychologist, or may commit the defendant for observation for a period
not exceeding 30 days except on good cause shown, or exclude or limit testimony
by the defense psychiatrist or licensed psychologist.

���� d.��� The report of the
examination shall be sent by the psychiatrist or licensed psychologist to the
court, the prosecutor and counsel for the defendant.

(cf: P.L.1998, c.111, s.1)

���� 2. (New section) a. There is
created a program to be known as the �Court-Appointed Criminal Defendant
Competency Evaluation Roster Program� which shall be administered by the
Administrative Director of the Courts.� The purpose of the program shall be to establish
a State-funded roster of qualified psychiatrists or licensed psychologists in
this State who are willing and able to accept appointments by the court as
needed to perform evaluations concerning the competency of criminal defendants
to stand trial pursuant to N.J.S.2C:4-5 and N.J.S.2C:4-6.� Inclusion in the
roster shall be voluntary, except that the Commissioner of Human Services may
assign such qualified personnel from the Department of Human Services as may be
necessary to effectuate the purpose of the program.

���� b. The Administrative Director
of the Courts shall:

���� (1) publicize the existence of
the program; solicit voluntary participation in the program among the
psychiatry and psychology professions; and provide roster lists to judges,
court staff, prosecutors, criminal defense attorneys, and the public;

���� (2) adopt rules for
participation in the program by psychiatrists and psychologists, including
standards of ethical and professional practice consistent with those standards
applicable to court-appointed experts, procedures to screen for conflicts of
interest, standardized retainer agreements, and arrangements for the prompt
payment of participants from available State appropriations;

���� (3) establish criteria for
inclusion in the program roster, including requirements concerning professional
qualifications and experience;

���� (4) select and approve
qualified psychiatrists and licensed psychologists for inclusion in the roster;

���� (5) establish a reasonable fee
schedule for roster participation based upon available State appropriations,
and prepare and submit an annual program budget;

���� (6) report annually to the
Legislature and the Chief Justice of the Supreme Court on the activities of the
program and make recommendations as appropriate; and

���� (7) perform any other tasks
necessary and proper to implement the program, subject to the approval of the
Chief Justice of the Supreme Court.

���� c. In implementing the
provisions of subsection b. of this section, the Administrative Director of the
Courts shall consult with the Public Defender, the Attorney General, the
Commissioner of Human Services, the State Board of Medical Examiners, the State
Board of Psychological Examiners, and any other knowledgeable persons or
organizations as the director deems appropriate.

���� d. Any court having
jurisdiction over a criminal or juvenile delinquency matter may appoint a
psychiatrist or psychologist from the roster to perform a competency evaluation
pursuant to N.J.S.2C:4-5 and N.J.S.2C:4-6.

���� e. There is appropriated
annually from the General Fund to the Judiciary such funds as shall be
necessary for the implementation of this section, as certified by the
Administrative Director of the Courts and subject to the approval of the
Director of the Division of Budget and Accounting in the Department of the
Treasury.

���� 3. This act shall take effect
on the first day of the third month next following enactment except that the Administrative
Director of the Courts and the Commissioner of Human Services may take such
anticipatory action as may be necessary for the timely implementation of this
act.

STATEMENT

���� This bill establishes the
�Court-Appointed Criminal Defendant Competency Evaluation Roster Program� in
the Judiciary.� The purpose of the program is to establish a State-funded
roster of qualified psychiatrists or licensed psychologists who are willing and
able to accept appointments by the court, as needed, to perform evaluations
concerning the competency of criminal defendants to stand trial pursuant to
N.J.S.2C:4-5 and N.J.S.2C:4-6.� Inclusion in the roster will be voluntary, but
may include qualified personnel assigned from the Department of Human Services.

���� Under N.J.S.2C:4-5, whenever
there is reason to doubt a defendant�s mental fitness to proceed in a criminal
case, the court, the prosecutor, or defense counsel may request the appointment
of a qualified psychiatrist or licensed psychologist to conduct a competency
evaluation.� Currently, the professional conducting the evaluation may be drawn
from a roster agreed to by the court, the prosecutor, and the defendant, or the
court may request that the evaluation be performed by personnel from the
Department of Human Services.� If a referral is made to the Department of Human
Services, the defendant may be committed to a State psychiatric hospital for up
to 30 days upon a determination by the Department of Human Services that
hospitalization is clinically necessary to perform the competency evaluation.

���� Under the bill, the court will
be able to appoint a professional from a pre-selected standing roster, whose
services will be paid for by the State.� The bill amends N.J.S.2C:4-5 to
require at least two competency evaluations if the defendant is charged with a
crime of the first or second degree.� Concerning psychiatric hospitalization,
the bill requires that the professional determining clinical necessity be
different from the professional actually conducting the competency evaluation.�
The bill also provides that the appointment of a professional from the
State-funded roster does not preclude the prosecutor or the defendant from
retaining their own professional at their own expense.

���� The bill provides that the
Administrative Director of the Courts will oversee the �Court-Appointed
Criminal Defendant Competency Evaluation Roster Program,� and consult with the
Public Defender, the Attorney General, the Commissioner of Human Services, the
State Board of Medical Examiners, the State Board of Psychological Examiners,
and other knowledgeable persons to develop program rules, roster selection
criteria, payment arrangements from State appropriations, and any other tasks
necessary to implement the program.� The bill provides for an annual program
appropriation from the State�s General Fund.