A. A defendant's competency shall be evaluated by a psychologist or psychiatrist or other qualified professional recognized by the district court as an expert. The qualified professional who evaluates a defendant's competency shall prepare an evaluation report and submit the report as ordered by the court.
B. An evaluation report shall include a qualified professional's opinion as to whether a defendant is competent to stand trial and has:
(1) a sufficient, present ability to consult with the defendant's lawyer with a reasonable degree of rational understanding;
(2) a rational and factual understanding of the proceedings against the defendant; and
(3) the capacity to assist in the defendant's own defense and to comprehend the reasons for punishment.
C. If, in the opinion of the qualified professional, a defendant is not competent to stand trial, an evaluation report shall include the qualified professional's opinion as to whether the defendant:
(1) satisfies the criteria for involuntary commitment in accordance with the Mental Health and Developmental Disabilities Code [Chapter 43, Article 1 NMSA 1978] and whether:
(a) as a result of a mental disorder, the defendant presents a likelihood of serious harm to the defendant's self or others;
(b) the defendant needs and is likely to benefit from involuntary commitment and treatment; and
(c) the proposed commitment is consistent with the treatment needs of the defendant and with the least drastic means principle; or
(2) satisfies the criteria for involuntary treatment in accordance with the Assisted Outpatient Treatment Act [ 43-1B-1 to 43-1B-14 NMSA 1978] and whether the defendant:
(a) has a primary diagnosis of a mental disorder;
(b) has demonstrated a history of lack of compliance with treatment for a mental disorder;
(c) is unwilling or unlikely, as a result of a mental disorder, to voluntarily participate in outpatient treatment that would enable the person to live safely in the community without court supervision;
(d) is in need of assisted outpatient treatment as the least restrictive appropriate alternative to prevent a relapse or deterioration likely to result in serious harm to the defendant's self or others; and
(e) will likely benefit from assisted outpatient treatment and have the defendant's best interests served.
D. A competency hearing shall be held:
(1) within thirty days from the date an evaluation report is submitted to the court for an incarcerated defendant charged with a felony;
(2) within ten days from the date an evaluation report is submitted to the court for an incarcerated defendant not charged with a felony; and
(3) within ninety days after an evaluation report is submitted to the court for a defendant who is not incarcerated.