SPRC 5                                                   
                                                                                 
             MENTAL EXAMINATION OF DEFENDANT                                     
                                                                                 
     (a) If the defendant may offer at the special                               
sentencing proceeding expert testimony concerning his or her                     
mental condition, the defendant shall notify the prosecuting                     
attorney at least 30 days prior to the start of jury                             
selection.  This time may be extended by the court for good                      
cause.                                                                           
     (b) If the defendant has provided such notification,                        
the court, on motion of the prosecuting attorney, shall                          
enter an order requiring the defendant to submit to                              
examination by one or more experts designated by the                             
prosecuting attorney.  The court shall specify the time,                         
place, manner, conditions, and scope of the examination and                      
the person or persons by whom it is to be made.  The                             
defendant may have a representative present at the                               
examination, who may observe the examination but not                             
interfere with or otherwise obstruct the examination.                            
Unless otherwise ordered by the court, the defendant or the                      
defendant's representative may make an audio tape recording                      
of the examination, which shall be made in an unobtrusive                        
manner.                                                                          
     (c) By the date set by the court, the defendant or the                      
defendant's attorney shall provide the State's experts with                      
any reports generated by defense experts, all raw data                           
relied on, and any test results.  The information given to                       
the experts shall be supplemented whenever new materials                         
become available.                                                                
     (d) If the State's expert believes that the material                        
provided by the defendant is inadequate for a proper                             
evaluation, the expert may request the court to require that                     
further materials be provided.  If the defendant fails to                        
cooperate with the examination, the expert may request the                       
court to require the defendant to answer specific questions                      
or participate in specific tests.  The court shall consider                      
these requests at a closed hearing.  The defendant and his                       
or her attorneys shall be given an opportunity to be heard.                      
The prosecuting attorney shall not be allowed to                                 
participate.  The record of the hearing shall be sealed as                       
provided in subsection (f).                                                      
     (e) On completing the examination, the prosecution                          
expert shall submit a report setting out the tests performed                     
and their results, the conclusions reached by the expert,                        
and the basis for those conclusions.  The report shall be                        
provided to the defendant's attorney and filed with the                          
court.                                                                           
     (f) The expert's report and materials connected with it                     
shall be sealed.  The expert shall not discuss his or her                        
conclusions or any information connected with the                                
examination with anyone, other than the defendant's                              
attorneys or other experts whose participation is necessary                      
for a proper examination.  Any such experts shall be under                       
the same restrictions.                                                           
     (g) Within 24 hours after a jury returns a verdict                          
finding a defendant guilty of aggravated murder in the first                     
degree, the court will require the defendant to elect                            
whether he or she may present expert testimony at the                            
special sentencing proceeding concerning his or her mental                       
condition.  If the defendant elects not to present such                          
testimony, the report shall remain permanently sealed, the                       
restrictions set out in subsection (f) shall remain                              
permanently in effect, and the State shall be permanently                        
prohibited from direct or derivative use against the                             
defendant of the report or of materials or information                           
provided to the expert. If the defendant elects to present                       
such testimony, the court shall provide a copy of the                            
experts' reports to the prosecuting attorney and shall                           
relieve the experts of the restrictions.  The prosecuting                        
attorney may use information obtained from the expert solely                     
to rebut expert testimony offered by the defense at the                          
special sentencing proceeding.                                                   
     (h) If, in any subsequent proceeding related to the                         
crimes for which the defendant was convicted, the defendant                      
places his or her mental status in issue, the court may                          
direct that relevant portions of the experts' reports be                         
disclosed to the prosecuting attorney and that the experts                       
shall discuss those portions with the prosecuting attorney.