(H) The examiner shall file a written report with the court, under seal, within thirty days after entry of a court order for evaluation. The court shall provide copies of the report to the prosecutor and defense counsel and shall allow for inspection of the report by the defendant, the defendant's guardian, a probate court, a board of alcohol, drug addiction, and mental health services, and any mental health professional who performs a subsequent mental health evaluation of the defendant or who is involved in the treatment of the defendant, but the report shall not be open to public inspection. A person who is not among those permitted to inspect the report as described in this division may file a motion with the court seeking disclosure for good cause. When a motion for disclosure of a report is filed, the court shall notify the defendant of the pending motion and allow sufficient time for the defendant to object to the disclosure. If the defendant objects to the disclosure, the court shall schedule a hearing to determine whether the party seeking access has demonstrated that access to the report is necessary for treatment of the defendant or for a criminal adjudication of the defendant for which the report was originally created. At that time the defendant shall be allowed an opportunity to provide the court with grounds for the objection. The court shall not provide access to the report unless the party seeking access can demonstrate that access to the report is necessary for treatment of the defendant or for a criminal adjudication of the defendant for which the report was originally created. A defendant who is the subject of an examiner's report under this section prior to the effective date of this amendment may file a motion with the court to have that report placed under seal. Upon such a motion, the court shall place the report under seal, subject to the access and disclosure provisions provided in this section for reports filed after the effective date.
The report shall include all of the following:
(1) The examiner's findings;(2) The facts in reasonable detail on which the findings are based;(3) If the evaluation was ordered to determine the defendant's competence to stand trial, all of the following findings or recommendations that are applicable: (a) Whether the defendant is capable of understanding the nature and objective of the proceedings against the defendant or of assisting in the defendant's defense;(b) If the examiner's opinion is that the defendant is incapable of understanding the nature and objective of the proceedings against the defendant or of assisting in the defendant's defense, whether the defendant presently is mentally ill or has an intellectual disability and, if the examiner's opinion is that the defendant presently has an intellectual disability, whether the defendant appears to be a person with an intellectual disability subject to institutionalization by court order;(c) If the examiner's opinion is that the defendant is incapable of understanding the nature and objective of the proceedings against the defendant or of assisting in the defendant's defense, the examiner's opinion as to the likelihood of the defendant becoming capable of understanding the nature and objective of the proceedings against the defendant and of assisting in the defendant's defense within one year if the defendant is provided with a course of treatment;(d) If the examiner's opinion is that the defendant is incapable of understanding the nature and objective of the proceedings against the defendant or of assisting in the defendant's defense and that the defendant presently is mentally ill or has an intellectual disability, the examiner's recommendation as to the least restrictive placement or commitment alternative, including consideration of housing needs and the availability of mental health treatment in the community, consistent with the defendant's treatment needs for restoration to competency and with the safety of the community.(4) If the evaluation was ordered to determine the defendant's mental condition at the time of the offense charged, the examiner's findings as to whether the defendant, at the time of the offense charged, did not know, as a result of a severe mental disease or defect, the wrongfulness of the defendant's acts charged.