Arizona Laws 13-3993. Examination of defendant by qualified experts; privilege inapplicability; sealed reports
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 guilty except insane defense, the court shall appoint a qualified expert to evaluate the defendant and provide a written report that includes:
Terms Used In Arizona Laws 13-3993
- Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defense attorney: Represent defendants in criminal matters.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Mental disease or defect: means a condition that was the basis for a person being found guilty except insane pursuant to section 13-502 or that was subsequently diagnosed while the person was committed to the secure mental health facility and for which the person needs ongoing mental health treatment. See Arizona Laws 13-3991
- Parties: includes the person under the court's jurisdiction, the secure mental health facility, the outpatient treatment supervisor and the county attorney or the attorney general who is representing the state. See Arizona Laws 13-3991
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Qualified expert: means a psychologist or psychiatrist who:
(a) Is familiar with inpatient and outpatient treatment services in this state. See Arizona Laws 13-3991
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
1. The mental status of the defendant at the time of the alleged offense.
2. If the qualified expert determines that the defendant suffered from a mental disease or defect at the time of the alleged offense, the relationship of the mental disease or defect to the alleged offense.
B. Within ten days after appointment of the qualified expert, the parties shall provide all available medical records, mental health reports and criminal history records to the qualified expert. On notice to the court, the qualified expert may request additional records from the parties.
C. If the defendant provides a notice of a guilty except insane defense, the defense attorney shall nominate its own qualified expert to examine the defendant to determine the defendant’s mental status at the time of the alleged offense. The state may call the same number of medical doctors and licensed psychologists who will testify on behalf of the defense.
D. If a defendant refuses to be examined by the state’s qualified experts, the court shall preclude the defendant from offering expert evidence of the defendant’s mental status at the time of the alleged offense.
E. The privilege of confidential communications between a qualified expert and the defendant as it relates to the defendant’s mental status at the time of the alleged crime does not apply if any mental disability defense is raised.
F. If any mental disability defense is raised, both the state and the defendant shall receive before the trial complete copies of any report by a qualified expert who examines the defendant.
G. After a plea of guilty or after disposition of a matter where the defendant has pleaded guilty except insane, the court shall order all of the reports submitted pursuant to section 13-502 and this article sealed. The court may order that the reports be opened only as follows:
1. For use by the court or defendant, or by the prosecutor if otherwise allowed by law, for further competency or sanity evaluations or in a hearing to determine whether the defendant is eligible for court-ordered treatment pursuant to Title 36, Chapter 5 or is a sexually violent person.
2. For statistical analysis.
3. When the records are deemed necessary to assist in mental health treatment pursuant to section 13-502 or 13-4517.
4. For use by the probation department or by the state department of corrections if the defendant is in the custody of or is scheduled to be transferred into the custody of the state department of corrections to assess and supervise or monitor the defendant by that department.
5. For use by a mental health treatment provider that provides treatment to the defendant or that assesses the defendant for treatment.
6. For data gathering.
7. For scientific study.
H. Any statement that is made by the defendant during an examination that is conducted pursuant to this article or any evidence resulting from that statement is not subject to disclosure pursuant to section 36-509.