(1) When the defendant’s fitness to proceed is drawn in question,
the issue shall be determined by the court. The court shall also determine, based on the examiner’s findings, whether the defendant lacks capacity to make informed decisions about treatment. If neither the prosecuting attorney nor counsel for the defendant contests the finding of the report filed pursuant to section
18-211, Idaho Code, the court may make the determination on the basis of such report.
If the finding is contested, the court shall hold a hearing on the issue. If the report is received in evidence upon such hearing, the party who contests the finding thereof shall have the right to summon and to cross-examine the psychiatrist or licensed psychologist who submitted the report and to offer evidence upon the issue.
Idaho Code 18-212 – Determination of Fitness of Defendant to Proceed — Suspension of Proceeding and Commitment of Defendant — Postcommitment Hearing » LawServer