COMPETENCY TO STAND TRIAL, COMPETENCY TO WAIVE CONSTITUTIONAL RIGHTS, COMPETENCY TO PLEAD GUILTY...

There are several acceptable approaches for performance of competency to stand trial evaluations including standardized methods such as Georgia Competency Test.
Competency to stand trial evaluations can be ordered by the defense, the prosecution, or the courts.
The party ordering evaluation should expect the evaluator to address the pertinent issues in accordance with: Dusky v. U.S., 362 U.S. 402, 80 S.Ct.788 (1960); Drope v. Missouri, 420 U.S. 162, 95 S.Ct. 896 (1975); Godinez v. Moran, 509 U.S. 389, 113 S.Ct. 2680 (1993); Sell v. U.S., 539 U.S. 166 (2003)., Indiana v. Edwards, 554 U.S.208 (2008); and the statutory requirements in a given jurisdiction.
Competencies to waive constitutional rights, i.e. competency to plead guilty or competency to waive the right to counsel are not offered as separate evaluations, but are addressed in the context of competency to stand trial report.
The reports will not contain any exculpatory or inculpatory statements by the defendant. The reports address the following areas in sufficient detail:

• Source of referral
  
• Date and Place of the Evaluation, and time spent for the preparation of the report.
  
• Statement of non-confidentiality.
  
• List of reference materials and of interviews utilized in the preparation of the report.
  
• Case law or statutory requirements to meet the criteria for competency to stand trial in a given jurisdiction.
  
• Pertinent background information of the defendant.
  
• Pertinent psychiatric, medical and substance abuse history.
  
• Thorough Mental Status Exam and current level of functioning.
  
• Evaluation of the defendant's ability to understand the proceedings against him.
  Statements of the defendant that demonstrate the extent of his understanding of relevant issues are provided in quotations. This part of the report would provide answers as to whether the defendant has the ability to:
  *understand his present charges,
  *understand his overall legal situation,
  *understand the roles of courtroom personnel
  *distinguish between various pleas
  *understand the range of possible verdicts
  
• Assessment of the defendants ability to assist in his defense. This part of the evaluation should reflect on defendants ability to:
  *recount his behavior and whereabouts at the time of the alleged offense (*as stated above, no exculpatory or inculpatory statements are included in the report)
  *effectively interact with his attorney
  *behave in acceptable manner in the court room
  
• Whether or not, and to what extent the defendant's mental disorder (if any) has affected his competency to stand trial. (The absence of mental disorder usually precludes further evaluation)
  

In cases when the defendant is assessed by the evaluator as incompetent to stand trial the issues of malingering (feigning the signs and symptoms of mental disorder) and potential for restoration to competency will be discussed.

The party making the referral is responsible for providing the necessary collateral information for the preparation of the report.