Mississippi Code

Miss. Code Ann. § 99-13-11 (2026)

Mental examination of person charged with felony; cost

✓ current as of July 2026
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In any criminal action in which the mental competency of a person charged with a felony is in question, the circuit or county court or judge in vacation on motion duly made by the defendant or the district attorney, or on the motion of the court or judge, may order the person to submit to a mental examination by a competent psychiatrist or psychologist selected by the court to determine his ability to make a defense; any cost or expense in connection with such mental examination shall be paid by the county in which the criminal action is pending.

Codes, 1942, § 2575.5; Laws, 1960, ch. 262; Laws, 1997, ch. 474, § 1; Laws, 1997, ch. 433, § 1, eff. 7/1/1997.

Amended by Laws, 2019, ch. 468, SB 2328,§ 2, eff. 7/1/2019.


Notes of Decisions
Cited in 74 cases (1 in the last 5 years), 1975–2021 · leading case: Donald Keith Smith v. State of Mississippi, 149 So. 3d 1027 (Miss. 2014).
Donald Keith Smith v. State of Mississippi, 149 So. 3d 1027 (Miss. 2014). · cites it 16× “If the court finds that the defendant is incompetent to stand trial, then the court shall commit the defendant to the Mississippi State Hospital or other appropriate mental health facility. URCCC 9.06. A statute provides that a court-ordered mental evaluation to determine…”
Terry Pitchford v. State of Mississippi, 240 So. 3d 1061 (Miss. 2017). · cites it 6× “" See Miss. Code § 99-13-11 (Rev. 2015). Effective July 1, 2017, this Court adopted new rules governing mental examinations and competency determinations.”
Timothy Nelson Evans v. State of Mississippi, 226 So. 3d 1 (Miss. 2017). · cites it 4× “06: If before or during trial the court, of its own motion or upon motion of an attorney, has reasonable ground to believe that the defendant is incompetent to stand trial, the court shall order the defendant to submit to a mental examination by some competent psychiatrist…”
Bradley v. State, 116 So. 3d 1093 (Miss. Ct. App. 2013). · cites it 16× “See also Miss. Code Ann. § 99-13-11 (Rev.2007); Medina v.”
Underwood v. State, 708 So. 2d 18 (Miss. 1998). · cites it 5× “If before or during trial the court, of its own motion or upon motion of counsel, has reasonable ground to believe that the defendant is insane, the court shall order the defendant to submit to a mental examination by some competent psychiatrist selected by the court in…”
Bell v. State, 360 So. 2d 1206 (Miss. 1978). · cites it 4× “Mississippi Code Annotated section 99-13-11 (1972) states that the trial judge may order a mental examination, where ".”
Sanders v. State, 9 So. 3d 1132 (Miss. 2009). · cites it 4× “06 applies and states in pertinent part: If before or during trial the court, of its own motion or upon motion of an attorney, has reasonable ground to believe that the defendant is incompetent to stand trial, the court shall order the defendant to submit to a mental examination…”
Goff v. State, 14 So. 3d 625 (Miss. 2009). · cites it 2× “les of Circuit and County Court Practice provides in pertinent part: If before or during trial the court, of its own motion or upon motion of an attorney, has reasonable ground to believe that the defendant is incompetent to stand trial, the court shall order the defendant to…”
Ladner v. State, 584 So. 2d 743 (Miss. 1991). · cites it 2× “Miss. Code Ann. § 99-13-11 (1972). See also Miss.”
Nixon v. State, 533 So. 2d 1078 (Miss. 1987). · cites it 2× “To the contrary, in Ake , the State relied on psychiatric testimony establishing *1097 the petitioner's future dangerous behavior.”
David Thomas v. State of Mississippi, 249 So. 3d 331 (Miss. 2018). · cites it 2× “063 provided the following: If before or during trial the court, of its own motion or upon motion of an attorney, has reasonable ground to believe that the defendant is incompetent to stand trial, the court shall order the defendant to submit to a mental examination by some…”
Howard v. State, 701 So. 2d 274 (Miss. 1997). · cites it 2× “If before or during trial the court, of its own motion or upon motion of counsel, has reasonable grounds to believe that the defendant is insane, the court shall order the defendant to submit to a mental examination by some competent psychiatrist selected by the court in…”
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