Arizona Laws 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:
Terms Used In Arizona Laws 13-4514
- 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. See Arizona Laws 13-4501
- 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.
- 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. See Arizona Laws 13-4501
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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.