Instructions to Experts Who Perform Court-Ordered Evaluations of Competence to Stand Trial (Utah Code 77-15-5(4))25
| The experts shall consider … and address, in addition to any other factors determined to be relevant … : |
| (a) the defendant's present capacity to: |
| (i) comprehend and appreciate the charges or allegations against him; |
| (ii) disclose to counsel pertinent facts, events, and states of mind; |
| (iii) comprehend and appreciate the range and nature of possible penalties, if applicable, that may be imposed in the proceedings against him; |
| (iv) engage in reasoned choice of legal strategies and options; |
| (v) understand the adversary nature of the proceedings against him; |
| (vi) manifest appropriate courtroom behavior; and |
| (vii) testify relevantly, if applicable; |
| (b) the impact of the mental disorder, or mental retardation, if any, on the nature and quality of the defendant's relationship with counsel; |
| (c) if psychoactive medication is currently being administered: |
| (i) whether the medication is necessary to maintain the defendant's competency; and |
| (ii) the effect of the medication, if any, on the defendant's demeanor and affect and ability to participate in the proceedings. |