Arizona Laws 8-291.04. Examination; competency to stand trial
A. The court shall set and may change the conditions under which the examination of competency to stand trial is conducted.
Terms Used In Arizona Laws 8-291.04
- Defense attorney: Represent defendants in criminal matters.
- Detention: means the temporary confinement of a juvenile who requires secure care in a physically restricting facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress for the protection of the juvenile or the community pending court disposition or as a condition of probation. See Arizona Laws 8-201
- Juvenile: means a person who is under eighteen years of age at the time the issue of competency is raised. See Arizona Laws 8-291
- 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. See Arizona Laws 8-291
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
B. Within three working days after the motion is granted and the mental health experts are appointed, the parties shall provide all of the juvenile‘s available medical and criminal history records to the appointed mental health experts.
C. The defense attorney shall be available to the mental health expert who conducts the examination.
D. A proceeding to determine if a juvenile is competent to stand trial shall not delay a judicial determination of the juvenile’s eligibility for preadjudication release. Unless the court determines that a juvenile’s preadjudication detention is necessary for the evaluation process, a juvenile who is otherwise entitled to release shall not be involuntarily confined or detained solely because the issue of the juvenile’s competence to stand trial has been raised and an examination has been ordered.
E. If a juvenile is granted preadjudication release, the court may order the juvenile to appear at a designated time and place for an outpatient examination. The court may make the juvenile’s appearance a condition of the juvenile’s preadjudication release from detention.
F. The court may order that the juvenile be involuntarily detained until the examination is completed if the court determines that any of the following applies:
1. The juvenile will not submit to an outpatient examination as a condition of release.
2. The juvenile refuses to appear for an examination.
3. An adequate examination is impossible without the detention of the juvenile.
G. If a juvenile is detained or committed for an inpatient examination, the length of the detention or commitment shall not exceed the period of time that is necessary for the examination. The detention or commitment for examination shall not exceed thirty days, except that the detention or commitment may be extended by fifteen days if the court finds that extraordinary circumstances exist. The county shall pay the costs of an inpatient examination, except that if a municipal court judge orders the inpatient examination, the political subdivision shall pay the costs of the examination.