 |
 |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Arizona |
|
USA Statutes : arizona
Title : Criminal Code
Chapter : INCOMPETENCE TO STAND TRIAL
|
|
13-4501 Definitions
In this chapter, unless the context otherwise requires:
1. "Clinical liaison" means a mental health expert or any other individual who has
experience and training in mental health or developmental disabilities and who is
qualified and appointed by the court to aid in coordinating the treatment or training of
individuals who are found incompetent to stand trial. If mental retardation is an issue,
the clinical liaison shall be an expert in mental retardation.
2. "Incompetent to stand trial" means that as a result of a mental illness, defect
or disability a defendant is unable to understand the nature and object of the proceeding
or to assist in the defendant's defense. In the case of a person under the age of
eighteen years of age when the issue of competency is raised, incompetent to stand trial
also means a person who does not have sufficient present ability to consult with the
person's lawyer with a reasonable degree of rational understanding or who does not have a
rational and factual understanding of the proceedings against the person. The presence
of a mental illness, defect or disability alone is not grounds for finding a defendant
incompetent to stand trial.
3. "Mental health expert" means a physician who is licensed pursuant to title 32,
chapter 13 or 17 or a psychologist who is licensed pursuant to title 32, chapter 19.1 and
who is:
(a) Familiar with this state's competency standards and statutes.
(b) Familiar with the treatment, training and restoration programs that are
available in this state.
(c) Certified by the court as meeting court developed guidelines using recognized
programs or standards.
4. "Mental illness, defect or disability" means a psychiatric or neurological
disorder that is evidenced by behavioral or emotional symptoms, including congenital
mental conditions, conditions resulting from injury or disease and developmental
disabilities as defined in section 36-551.
5. "Threat to public safety" means charged with the commission of any of the
following:
(a) A crime involving the discharge, use or threatening exhibition of a deadly
weapon or dangerous instrument or the infliction of physical injury on another person.
(b) A dangerous crime against children pursuant to section 13-604.01.
(c) Two or more nondangerous felonies within a period of twenty-four months.
13-4502 Effect of incompetency
A. A person shall not be tried, convicted, sentenced or punished for an offense if
the court determines that the person is incompetent to stand trial.
B. The prosecutor or defense attorney may file any pretrial motion at any time
while the defendant is incompetent to stand trial. The court shall hear and decide any
issue presented by the motion if the defendant's presence is not essential for a fair
hearing as determined by the court.
13-4503 Request for competency examination
A. At any time after the prosecutor charges a criminal offense by complaint,
information or indictment, any party or the court on its own motion may request in
writing that the defendant be examined to determine the defendant's competency to stand
trial, to enter a plea or to assist the defendant's attorney. The motion shall state the
facts on which the mental examination is sought.
B. Within three working days after a motion is filed pursuant to this section, the
parties shall provide all available medical and criminal history records to the court.
C. The court may request that a mental health expert assist the court in
determining if reasonable grounds exist for examining a defendant.
D. Once any court determines that reasonable grounds exist for further competency
proceedings, the superior court shall have exclusive jurisdiction over all competency
hearings.
13-4504 Dismissal of misdemeanor charges; notice
A. Notwithstanding any law to the contrary, if the court finds that a person has
been previously adjudicated incompetent to stand trial pursuant to this chapter, the
court may hold a hearing to dismiss any misdemeanor charge against the incompetent
person. The court shall give ten days' notice to the prosecutor and the defendant of
this hearing. On receipt of the notice, the prosecutor shall notify the victim of the
hearing.
B. If a misdemeanor charge is dismissed pursuant to this section, the court may
order the prosecutor to initiate civil commitment or guardianship proceedings.
13-4505 Appointment of experts; costs
A. If the court determines pursuant to section 13-4503 that reasonable grounds
exist for a competency examination, the court shall appoint two or more mental health
experts, at least one of whom shall be a physician specializing in psychiatry licensed
pursuant to title 32, chapter 13 or 17, to examine the defendant, issue a report and, if
necessary, testify regarding the defendant's competency. The state and the defendant may
stipulate to the appointment of only one expert.
B. The court may order the defendant to submit to physical, neurological or
psychological examinations, if necessary, to adequately determine the defendant's mental
condition.
C. The court shall order the defendant to pay the costs of the court ordered
examination, except that if the court finds the defendant is indigent or otherwise unable
to pay all or any part of the costs or if the prosecution requested the examination, the
court shall order the county to pay the costs of the examination or, if the case is
referred by a municipal court judge, the court shall order the city to pay the costs of
the examination.
D. This section does not prohibit any party from retaining its own expert to
conduct any additional examinations at its own expense.
E. A person who is appointed as a mental health expert or clinical liaison is
entitled to immunity, except that the mental health expert or clinical liaison may be
liable for intentional, wanton or grossly negligent acts that are done in the performance
of the expert's or liaison's duties. 13-4506 Examination for purposes of insanity defense
A. On request of the court or any party, with the consent of the defendant and
after a determination that a reasonable basis exists to support the plea of insanity, the
mental health expert who is appointed pursuant to section 13-4505 shall provide a
screening report that includes:
1. The mental status of the defendant at the time of the offense.
2. If the expert determines that the defendant suffered from a mental disease,
defect or disability at the time of the offense, the relationship of the disease, defect
or disability to the alleged offense.
B. If the defendant's state of mind at the time of the offense will be included in
the examination, the court shall not appoint the expert to address this issue until the
court receives the medical and criminal history records of the defendant.
C. Within ten working days after the expert is appointed, the parties shall provide
any additional medical or criminal history records that are requested by the court or the
expert.
13-4507 Examination of competency to stand trial
A. The court shall set and may change the conditions under which the examination is
conducted.
B. The defense attorney shall be available to the mental health expert conducting
the examination.
C. A proceeding to determine if a defendant is competent to stand trial shall not
delay a judicial determination of the defendant's eligibility for pretrial release. A
defendant who is otherwise entitled to pretrial release shall not be involuntarily
confined or taken into custody solely because the issue of the defendant's competence to
stand trial is raised and an examination is ordered unless the court determines that the
defendant's confinement is necessary for the evaluation process.
D. If a defendant is released from custody under any pretrial release provision,
the court may order the defendant to appear at a designated time and place for an
outpatient examination. The court may make the appearance a condition of the defendant's
pretrial release.
E. The court may order that the defendant be involuntarily confined until the
examination is completed if the court determines that any of the following applies:
1. The defendant will not submit to an outpatient examination as a condition of
pretrial release.
2. The defendant refuses to appear for an examination.
3. An adequate examination is impossible without the confinement of the defendant.
4. The defendant is a threat to public safety.
F. If a defendant is committed for an inpatient examination, the length of the
commitment shall not exceed the period of time that is necessary for the
examination. The commitment for examination shall not exceed thirty days, except that
the commitment may be extended by fifteen days if the court finds that extraordinary
circumstances exist. The county shall pay the costs of any inpatient examination ordered
by the court, except that the city shall pay the costs of any inpatient examination that
is ordered by a municipal court judge.
13-4508 Privilege against self-incrimination; records
A. The privilege against self-incrimination applies to any examination that is
ordered by the court pursuant to this chapter.
B. Any evidence or statement that is obtained during an examination is not
admissible at any proceeding to determine a defendant's guilt or innocence unless the
defendant presents evidence that is intended to rebut the presumption of sanity.
C. Any statement made by the defendant during an examination or any evidence
resulting from that statement concerning any other event or transaction is not admissible
at any proceeding to determine the defendant's guilt or innocence of any other criminal
charges that are based on those events or transactions.
D. Any statement made by the defendant or any part of the evaluations that are
obtained during an examination may not be used for any purpose without the written
consent of the defendant or the defendant's guardian or a court order that is entered by
the court that ordered the examination or that is conducting a dependency or severance
proceeding.
E. After the case proceeds to trial or the defendant is found to be unable to
regain competence, the court shall order all the reports submitted pursuant to this
section sealed. The court may order that the reports be opened only for further
competency or sanity evaluations, for statistical or data gathering for the purpose of
scientific study or when the records are deemed necessary to assist in mental health
treatment pursuant to this chapter or section 13-502.
F. Any statement made by the defendant during an examination that is conducted
pursuant to this chapter or any evidence resulting from that statement is not subject to
disclosure pursuant to section 36-509.
13-4509 Expert's report
A. An expert who is appointed pursuant to section 13-4505 shall submit a written
report of the examination to the court within ten working days after the examination is
completed. The report shall include at least the following information:
1. The name of each mental health expert who examines the defendant.
2. A description of the nature, content, extent and results of the examination and
any test conducted.
3. The facts on which the findings are based.
4. An opinion as to the competency of the defendant.
B. If the mental health expert determines that the defendant is incompetent to
stand trial, the report shall also include the following information:
1. The nature of the mental disease, defect or disability that is the cause of the
incompetency.
2. The defendant's prognosis.
3. The most appropriate form and place of treatment in this state, based on the
defendant's therapeutic needs and potential threat to public safety.
4. Whether the defendant is incompetent to refuse treatment and should be subject
to involuntary treatment.
C. If the mental health examiner determines that the defendant is currently
competent by virtue of ongoing treatment with psychotropic medication, the report shall
address the necessity of continuing that treatment and shall include a description of any
limitations that the medication may have on competency.
13-4510 Competency hearing and orders
A. Within thirty days after the report is submitted, the court shall hold a hearing
to determine a defendant's competency to stand trial. The parties may introduce other
evidence regarding the defendant's mental condition or may submit the matter by written
stipulation on the expert's report.
B. If the court finds that the defendant is competent to stand trial, the
proceedings shall continue without delay.
C. If the court initially finds that the defendant is incompetent to stand trial,
the court shall order treatment for the restoration of competency unless there is clear
and convincing evidence that the defendant will not be restored to competency within
fifteen months. The court may extend the restoration treatment by six months if the
court determines that the defendant is making progress toward the goal of restoration.
D. All treatment orders issued by the court shall specify the following:
1. The place where the defendant will receive treatment.
2. Transportation to the treatment site.
3. The length of the treatment.
4. Transportation after treatment.
5. The frequency of reports.
13-4511 Competency to refuse treatment; length of sentence
If the court finds that a defendant is incompetent to stand trial, the court shall
determine:
1. If the defendant is incompetent to refuse treatment, including medication, and
should be subject to involuntary treatment.
2. The maximum sentence the defendant could have received pursuant to section
13-604, 13-604.01, 13-702, 13-707, 13-710 or 13-1406 or the sentence the defendant could
have received pursuant to section 13-703, subsection A or any section for which a
specific sentence is authorized. In making this determination the court shall not
consider the sentence enhancements for prior convictions under section 13-604.
13-4512 Treatment order; commitment
(L05, Ch. 252, sec. 3. Eff. 7/1/06)
A. The court may order a defendant to undergo out of custody competency restoration
treatment. If the court determines that confinement is necessary for treatment, the court
shall commit the defendant for competency restoration treatment to the competency
restoration treatment program designated by the county board of supervisors.
B. If the county board of supervisors has not designated a program to provide
competency restoration treatment, the court may commit the defendant for competency
restoration treatment to the ARIZONA state hospital or any other facility that is
approved by the court.
C. A county board of supervisors that has designated a county restoration treatment
program may enter into contracts with providers, including the ARIZONA state hospital,
for inpatient, in custody competency restoration treatment. A county competency
restoration treatment program may do the following:
1. Provide competency restoration treatment to a defendant in the county jail,
including inpatient treatment.
2. Obtain court orders to transport the defendant to other providers, including the
ARIZONA state hospital, for inpatient, in custody competency restoration treatment.
D. In determining the type and location of the treatment, the court shall select
the least restrictive treatment alternative after considering the following:
1. If confinement is necessary for treatment.
2. The likelihood that the defendant is a threat to public safety.
E. An order entered pursuant to this section shall state if the defendant is
incompetent to refuse treatment, including medication, pursuant to section 13-4511.
F. A defendant shall pay the cost of inpatient, in custody competency restoration
treatment unless otherwise ordered by the court. If the court finds the defendant is
unable to pay all or a portion of the costs of inpatient, in custody treatment, the state
shall pay the costs of inpatient, in custody competency restoration treatment at the
ARIZONA state hospital that are incurred until:
1. Seven days, excluding Saturdays, Sundays or other legal holidays, after the
hospital submits a report to the court stating that the defendant has regained competency
or that there is no substantial probability that the defendant will regain competency
within twenty-one months after the date of the original finding of incompetency.
2. The treatment order expires.
3. Seven days, excluding Saturdays, Sundays or other legal holidays, after the
charges are dismissed.
G. The county, or the city if the competency proceedings arise out of a municipal
court proceeding, shall pay the hospital costs that are incurred after the period of time
designated in subsection F of this section and shall also pay for the costs of inpatient,
in custody competency restoration treatment in court approved programs that are not
programs at the ARIZONA state hospital.
H. Payment for the cost of outpatient community treatment shall be the
responsibility of the defendant unless:
1. The defendant is enrolled in a program which covers the treatment and which has
funding available for the provision of treatment to the defendant, and the defendant is
eligible to receive the treatment. Defendants in these circumstances may be required to
share in the cost of the treatment if cost sharing is required by the program in which
the defendant is enrolled.
2. The court finds that the defendant is unable to pay all or a portion of
treatment costs or that outpatient treatment is not otherwise available to the
defendant. For defendants in these circumstances, all or a portion of the costs of
outpatient community treatment shall be borne by the county or the city if the competency
proceedings arise out of a municipal court proceeding.
I. A treatment order issued pursuant to this section is valid for one hundred
eighty days or until one of the following occurs:
1. The treating facility submits a report that the defendant has regained
competency or that there is no substantial probability that the defendant will regain
competency within twenty-one months after the date of the original finding of
incompetency.
2. The charges are dismissed.
3. The maximum sentence for the offense charged has expired. 13-4512 Treatment order; commitment
(L05, Ch. 252, sec. 2)
A. The court may order a defendant to undergo out of custody competency restoration
treatment. If the court determines that confinement is necessary for treatment, the court
shall commit the defendant for competency restoration treatment to the competency
restoration treatment program designated by the county board of supervisors.
B. If the county board of supervisors has not designated a program to provide
competency restoration treatment, the court may commit the defendant for competency
restoration treatment to the ARIZONA state hospital, subject to funding appropriated by
the legislature to the ARIZONA state hospital for inpatient competency restoration
treatment services, or to any other facility that is approved by the court.
C. A county board of supervisors that has designated a county restoration treatment
program may enter into contracts with providers, including the ARIZONA state hospital,
for inpatient, in custody competency restoration treatment. A county competency
restoration treatment program may do the following:
1. Provide competency restoration treatment to a defendant in the county jail,
including inpatient treatment.
2. Obtain court orders to transport the defendant to other providers, including the
ARIZONA state hospital, for inpatient, in custody competency restoration treatment.
D. In determining the type and location of the treatment, the court shall select
the least restrictive treatment alternative after considering the following:
1. If confinement is necessary for treatment.
2. The likelihood that the defendant is a threat to public safety.
3. The defendant's participation in and cooperation during an outpatient
examination of competency to stand trial conducted pursuant to section 13-4507.
4. The defendant's willingness to submit to outpatient competency restoration
treatment as a condition of pretrial release, if the defendant is eligible for pretrial
release.
E. An order entered pursuant to this section shall state if the defendant is
incompetent to refuse treatment, including medication, pursuant to section 13-4511.
F. A defendant shall pay the cost of inpatient, in custody competency restoration
treatment unless otherwise ordered by the court. If the court finds the defendant is
unable to pay all or a portion of the costs of inpatient, in custody treatment, the state
shall pay the costs of inpatient, in custody competency restoration treatment at the
ARIZONA state hospital that are incurred until:
1. Seven days, excluding Saturdays, Sundays or other legal holidays, after the
hospital submits a report to the court stating that the defendant has regained competency
or that there is no substantial probability that the defendant will regain competency
within twenty-one months after the date of the original finding of incompetency.
2. The treatment order expires.
3. Seven days, excluding Saturdays, Sundays or other legal holidays, after the
charges are dismissed.
G. The county, or the city if the competency proceedings arise out of a municipal
court proceeding, shall pay the hospital costs that are incurred after the period of time
designated in subsection F of this section and shall also pay for the costs of inpatient,
in custody competency restoration treatment in court approved programs that are not
programs at the ARIZONA state hospital.
H. Payment for the cost of outpatient community treatment shall be the
responsibility of the defendant unless:
1. The defendant is enrolled in a program which covers the treatment and which has
funding available for the provision of treatment to the defendant, and the defendant is
eligible to receive the treatment. Defendants in these circumstances may be required to
share in the cost of the treatment if cost sharing is required by the program in which
the defendant is enrolled.
2. The court finds that the defendant is unable to pay all or a portion of
treatment costs or that outpatient treatment is not otherwise available to the defendant.
For defendants in these circumstances, all or a portion of the costs of outpatient
community treatment shall be borne by the county or the city if the competency
proceedings arise out of a municipal court proceeding.
I. A treatment order issued pursuant to this section is valid for one hundred
eighty days or until one of the following occurs:
1. The treating facility submits a report that the defendant has regained
competency or that there is no substantial probability that the defendant will regain
competency within twenty-one months after the date of the original finding of
incompetency.
2. The charges are dismissed.
3. The maximum sentence for the offense charged has expired.
4. A qualified physician who represents the ARIZONA state hospital determines that
the defendant is not suffering from a mental illness and is competent to stand trial.
J. The ARIZONA state hospital shall collect census data for adult restoration to
competency treatment programs to establish maximum capacity and the allocation formula
required pursuant to section 36-206, subsection D. The ARIZONA state hospital or the
department of health services is not required to provide restoration to competency
treatment that exceeds the funded capacity. If the ARIZONA state hospital reaches its
funded capacity in either or both the adult male or adult female restoration to
competency treatment programs, the superintendent of the state hospital shall establish a
waiting list for admission based on the date of the court order issued pursuant to this
section. 13-4513 Appointment of clinical liaison
A. If the court enters a treatment order pursuant to this chapter, the court shall
appoint a clinical liaison to coordinate the continuity of care following
restoration. The clinical liaison may not be the defendant's treatment supervisor. The
clinical liaison shall be familiar with aftercare facilities that are available in the
defendant's locale and shall act as a liaison between the court and any treating
facilities or correctional facilities.
B. The county, or the city if the competency proceedings are conducted in municipal
court, shall pay the clinical liaison's fees.
C. The clinical liaison shall submit a written report to the court on request. The
court shall distribute copies of the report to the prosecutor and the defense attorney.
D. The clinical liaison in cooperation with the treating facility shall advise the
court on matters relating to the appropriateness of the form and location of treatment,
including the level of security.
E. A treatment facility shall cooperate fully with the clinical liaison and shall
provide the liaison with access to the defendant's records. The clinical liaison shall
not direct treatment or render an opinion on the defendant's competency.
13-4514 Progress reports; rehearings
A. The person who supervises the treatment of a defendant who has been ordered to
undergo treatment pursuant to section 13-4512 shall submit a written report to the court
which shall make the report available to the prosecutor, the defense attorney and the
clinical liaison as follows:
1. For inpatient treatment, after the first one hundred twenty days of the original
treatment order and after each one hundred eighty days of treatment thereafter.
2. For outpatient treatment, every sixty days.
3. Whenever the person believes the defendant is competent to stand trial.
4. Whenever the person believes that there is no substantial probability that the
defendant will regain competency within twenty-one months after the date of the original
finding of incompetency.
5. Fourteen days before the expiration of the maximum time that an order issued
pursuant to section 13-4512 or this section is in effect.
B. The report shall include the examiner's findings and the information required
under section 13-4509. If the report states that the defendant remains incompetent, the
report shall state the likelihood that the defendant will regain competency, an estimated
time period for the restoration of competency and recommendations for treatment
modification, if necessary. If the report states that the defendant has regained
competency, the report shall state the effect, if any, of any limitations that are
imposed by any medications used in the effort to restore the defendant's competency.
C. The court shall hold a hearing to determine the defendant's progress towards
regaining competency as follows:
1. On the court's own motion.
2. On receipt of a report that is submitted by the treating facility pursuant to
subsection A, paragraph 3, 4 or 5 of this section.
D. If at the hearing the court finds that the defendant has regained competency,
the defendant shall be returned to the court and the proceedings against the defendant
shall continue without delay. The court may order continued involuntary medication
pursuant to section 13-4511 pending final disposition of this case in the trial court if
the court finds that there is not a less intrusive alternative, the medication was
medically appropriate and that it is essential for the sake of the defendant's safety or
the safety of others.
E. If at the hearing the court finds that the defendant is incompetent to stand
trial but that there is a substantial probability that the defendant will regain
competency within the foreseeable future, the court shall renew and, if appropriate,
modify the treatment order for not more than an additional one hundred eighty days. The
court may make this determination without a formal hearing if all of the parties agree.
F. If at the hearing the court finds that the defendant is incompetent to stand
trial and that there is not a substantial probability that the defendant will regain
competency within twenty-one months after the date of the original finding of
incompetency, the court shall proceed pursuant to section 13-4517.
13-4515 Duration of order; notice of dismissed charge or voided order; petitions
A. An order or combination of orders that is issued pursuant to section 13-4512 or
13-4514 shall not be in effect for more than twenty-one months or the maximum possible
sentence the defendant could have received pursuant to section 13-604, 13-604.01, 13-702,
13-703 or any section for which a specific sentence is authorized, whichever is less. In
making this determination the court shall not consider the sentence enhancements under
section 13-604 for prior convictions.
B. The court shall notify the prosecutor, the defense attorney, the medical
supervisor and the treating facility if the charges against the defendant are dismissed
or if an order is voided by the court. No charges shall be dismissed without a hearing
prior to the dismissal.
C. If a defendant is discharged or released on the expiration of an order or orders
issued pursuant to section 13-4512 or 13-4514, the medical supervisor may file a petition
stating that the defendant requires further treatment pursuant to title 36, chapter 5,
or appointment of a guardian pursuant to title 14.
13-4516 Notice to central state repository; records
A. The court shall notify the central state repository established by section
41-1750 of any commitment that is ordered or any release that is authorized under this
chapter and of any determination that a defendant has regained competency to stand trial.
B. The court and the department of health services shall keep records of the
offenses for which a defendant was charged, any court ordered examinations and
treatment outcomes.
13-4517 Incompetent defendants; disposition
If the court finds that a defendant is incompetent to stand trial and that there is
no substantial probability that the defendant will regain competency within twenty-one
months after the date of the original finding of incompetency, any party may request that
the court:
1. Remand the defendant to the custody of the department of health services for the
institution of civil commitment proceedings pursuant to title 36, chapter 5.
2. Appoint a guardian pursuant to title 14, chapter 5.
3. Release the defendant from custody and dismiss the charges against the defendant
without prejudice.
|
|
|
|
