District Of Columbia § 24-531.03 - Competence examinations.
Full text of District Of Columbia D.C. Code § 24-531.03 — Competence examinations., with citation guidance and answers to common questions.
§ 24-531.03. Competence examinations.
24-531.03At any time after the prosecutor moves for a transfer from the Family Court to the Criminal Division of the Superior Court or charges a criminal offense by complaint, information, or indictment, either party may request, or the court on its own may order, that the defendant be examined to determine the defendant’s competence.
When the issue of a defendant’s competence has been raised, the court shall order a preliminary screening examination before ordering a full competence examination pursuant to subsection (d) of this section.
A preliminary screening examination shall be performed either in the courthouse or on an outpatient basis by a psychiatrist or psychologist affiliated with the Department of Mental Health.
The court shall schedule a return date or time for the defendant as early as possible following the order for the preliminary screening examination issued pursuant to subsection (b) of this section. In no case shall the return date be more than 3 business days after the order if the defendant is not released and no more than 5 business days after the order if the defendant is released.
The examination shall be completed and a report submitted to the court in advance of the return date or time. The report shall indicate whether the defendant is competent, incompetent, or whether further evaluation is needed.
The court shall consider the report of the preliminary screening examination, any arguments made by the parties, and any other information available to the court, and shall either:
Find the defendant competent and resume the criminal case or transfer proceeding; or
Order the defendant to submit to a full competence examination.
An order for a full competence examination pursuant to subsection (c)(4)(B) of this section shall direct the Department of Mental Health to examine the defendant. The full competence examination shall be performed by a psychiatrist or psychologist affiliated with the Department of Mental Health.
The Department of Mental Health shall submit a written report to the court as to the defendant’s competence.
Any psychiatrist or psychologist who participated in the examination shall be available to testify at any hearing involving the defendant’s competence.
A full competence examination may be conducted on an inpatient or outpatient basis. The court may order the defendant committed to Saint Elizabeths Hospital or to the Department of Mental Health for an inpatient examination only after a finding by the court that:
Placement in an inpatient treatment facility is necessary in order to conduct an adequate examination; or
The defendant is unlikely to comply with an order for an outpatient examination.
If the court orders the defendant committed as an inpatient for a full competence examination under subsection (e) of this section, the commitment for examination shall not exceed 30 days, except that the commitment may be extended for a 15-day period for good cause shown.
The Department of Mental Health shall submit a written report to the court:
As soon as it reaches a conclusion that the defendant is competent or is incompetent; or
Any time it determines that the criteria for an inpatient examination set forth in subsection (e) of this section are no longer met.
If the defendant is reported incompetent, the report shall include an opinion regarding the likelihood of the defendant’s attaining competence in the foreseeable future or should state that no opinion has been formed on the likelihood of the defendant attaining competence.
If a report indicates that the criteria for an inpatient examination set forth in subsection (e) of this section are no longer met, the court shall make new findings under subsection (e) of this section and, if it determines that the examination can be conducted on an outpatient basis, shall determine the defendant’s eligibility for pretrial release pursuant to or , if it has not previously done so. If necessary, the court may enter a new order for a full competence examination to be completed on an outpatient basis.
If the court receives either report required under subparagraph (A) of this paragraph more than one court day prior to the scheduled return date, the court shall have the defendant brought before the appropriate judge on the next court day following receipt of the report for appropriate proceedings under .
If the court orders a full competence examination to be conducted on an outpatient basis, it shall be completed and a report submitted to the court in advance of the defendant’s return date as determined under .
The Department of Mental Health shall submit a written report to the court at any time it determines that the criteria for an inpatient examination set forth in subsection (e) of this section are met. If the court receives such a report, it shall schedule the matter for a hearing as soon as practicable, to determine the appropriate disposition under subsection (e) of this section.
Annotations
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 24-531.03
What does D.C. Code § 24-531.03 cover?
Section 24-531.03 ("Competence examinations.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 24-531.03?
A common citation format is "D.C. Code § 24-531.03" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 24-531.03 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.