AUGUSTA (AP) — A Maine man charged with video recording the sexual assault of a 4-year-old girl he was babysitting has been unable to get a court-ordered mental health evaluation because there is no space at the state’s psychiatric hospital.

Attorneys described the situation of Eric Bard of Sidney to a judge Tuesday in Kennebec County Superior Court.

The 22-year-old Bard’s 60-day evaluation is meant to determine mental competency.

The Kennebec Journal reports that lawyers said there is no room at the 92-bed Riverview Psychiatric Center, so his case is on hold and he remains in jail.

Bard was charged with gross sexual assault, unlawful sexual contact and sexual exploitation of a minor under 12. Authorities say they found recordings of the alleged assault on his cellphone.