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CJA 21

Procedures for Requesting Psychiatric and Psychological Services.

If this is a request for an examination by a psychiatrist or psychologist, state specifically the purpose of the examination. If the examination is ordered pursuant to a statute, cite the statute (U.S. Code, title and section).

The payment procedures for psychiatric and psychological examinations are outlined below. For further information, refer to to CJA Guidelines § 320.20.

  1. If this is a court-ordered examination to determine, exclusively, the mental condition as set forth in 18 U.S.C. §§ 4241-4246 (link is external), DO NOT USE THIS FORM, regardless of who requested the examination. Examinations conducted pursuant to these statutes are considered "non-defense" purpose examinations. The costs are paid by the Department of Justice, and claims for the examinations should be submitted to the U.S. Attorney. See CJA Guidelines § 320.20.40(b).
  2. If this is an examination exclusively for a "defense" purpose (where the person represented selects the expert and controls disclosure of the report), USE THIS FORM. The court order executed in Item 15 is sufficient for this purpose.
  3. If this is a "dual purpose" examination for a "non-defense" and a "defense" purpose, USE THIS FORM. For the convenience of the expert, the CJA will pay the expert the total amount approved and obtain reimbursement from the Department of Justice for one-half of the total amount approved. In order for the CJA to obtain this reimbursement, a separate court order authorizing the examination must be attached to the voucher when it is submitted for payment. This order should indicate: (1) who requested the examination; (2) the specific purposes(s) of the examination; (3) to whom the report of the examination is directed; and (4) to whom copies of the report are to be given. This separate order is in addition to the court order at Item 15, which also must be signed and dated by the presiding judicial officer. See CJA Guidelines § 320.20.50.
  4. If this is a dual purpose examination for two "non-defense" purposes (e.g., evaluation of competency to stand trial under 18 U.S.C. § 4241 (link is external) and evaluation of sanity at the time of the offense under 18 U.S.C. § 4242 (link is external)), DO NOT USE THIS FORM. Submit the entire claim to the U.S. Attorney for payment. See CJA Guidelines § 320.20.50(c).

For more guidance on the payment procedures for psychiatric and psychological examination, see CJA Guidelines § 320.20.60 summary chart titled: "Responsibility for Payment of Psychiatric and Related Expert Services."