Cal. Code Regs. Tit. 9, § 4751 - Forensic Evaluator Training Requirements
(a) The court shall appoint a psychiatrist or
licensed psychologist to evaluate whether a criminal defendant is incompetent
to stand trial. This evaluation shall include: the nature of a defendant's
mental disorder; a defendant's ability or inability to understand the nature of
the criminal proceedings or to assist counsel in a rational manner in the
conduct of a defense; and, if within the scope of his or her license, whether
treatment with antipsychotic medication is medically appropriate and likely to
restore the defendant to mental competence. In considering an appointment, the
court shall appoint an expert who meets the provisions in subsection (1), (2),
or (3) of this section and who meets the provisions
in subsections (4), if applicable, and (5) of this section, or an expert with
equivalent experience and skills.
(1) If a
psychiatrist, the psychiatrist shall have a State of California medical license
in current status, without any restrictions prohibiting practice, and one of
the following:
(A) board certification by the
American Board of Psychiatry and Neurology with added or special qualifications
in forensic psychiatry;
(B)
eligibility for board certification by the American Board of Psychiatry and
Neurology with added or special qualifications in forensic psychiatry;
or
(C) completion of a
fellowship in forensic psychiatry.
(2) If a psychologist, the psychologist shall
have a State of California psychology license in current status
and one of the following:
(A)
board certification in forensic psychology by the American Board of
Professional Psychology;
(B)
eligibility for board certification in forensic psychology by the American
Board of Professional Psychology; or
(C) completion of post-doctoral training in
forensic psychology.
(3)
If a psychiatrist or licensed psychologist who does not meet either subsection
(1) or (2) above, the expert shall have training or experience consisting of:
(A) At least 24 hours of specialized forensic
training relating to incompetency evaluations.
(B) Experience in drafting at least six
forensic reports submitted to a court or, if fewer than six, proof provided to
the court, prior to appointment, that at least three forensic reports submitted
to a court were reviewed by a peer review panel experienced in the criminal
justice system and familiar with the issues of competency.
(4) If evaluating for developmental
disabilities, experience in the treatment and assessment of individuals with
developmental disabilities.
(5) The
expert shall have completed, within the 24 months preceding the appointment,
eight hours of the total continuing education courses required by their
respective licensing board in forensic evaluation.
Notes
Note: Authority cited: Section 1369, Penal Code. Reference: Section 1369, Penal Code.
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