Arizona Laws 13-4517. Incompetent defendants; disposition; evaluator costs
A. 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:
Terms Used In Arizona Laws 13-4517
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Dangerous: means that, as a result of a mental illness, defect or disability, a person's continued behavior can reasonably be expected, on the basis of a mental health expert's opinion, to result in serious physical harm or death to another person. See Arizona Laws 13-4501
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
1. Remand the defendant to an evaluating agency for the institution of civil commitment proceedings pursuant to Title 36, Chapter 5. If the defendant is remanded, the prosecutor shall file a petition for evaluation and provide any known criminal history for the defendant.
2. Appoint a guardian ad litem to investigate whether the defendant is or may be in need of a guardian, a conservator or any other protective order pursuant to Title 14, Chapter 5.
3. Release the defendant from custody and dismiss the charges against the defendant without prejudice.
4. If the defendant is charged with a serious offense as defined in section 13-706, order a trial to determine if the defendant is dangerous and should be involuntarily committed pursuant to section 13-4521. If the defendant is not represented by an attorney and is indigent, the court shall appoint an attorney to represent the defendant in all proceedings under section 13-4521 and any further proceedings under title 36, chapter 40.
B. If the court enters an order pursuant to subsection A, paragraph 1, 2 or 4 of this section, the court may also order an assessment of the defendant’s eligibility for private insurance or public benefits that may be applied to the expenses of the defendant’s medically necessary maintenance and treatment, including services pursuant to Title 36, Chapter 29, state-only behavioral health services, title XVIII services and Medicare part D prescription drug benefits, supplemental security income and supplemental security disability income.
C. The court may retain jurisdiction over the defendant until the defendant is committed for treatment pursuant to section 13-4521 or Title 36, Chapter 5 or a guardian is appointed pursuant to Title 14, Chapter 5.
D. If the court remands the defendant for the institution of civil commitment proceedings pursuant to Title 36, Chapter 5 and the court is notified that the defendant has not had a civil commitment evaluation or if the court enters an order pursuant to subsection A, paragraph 4 of this section, the court, if it has retained jurisdiction, may order the sheriff to take the defendant into custody so that the court may explore options pursuant to subsection A, paragraph 2, 3 or 4 of this section.
E. If the court is notified that the defendant has not been ordered into treatment pursuant to Title 36, Chapter 5 and the court has retained jurisdiction, the court may order the sheriff to take the defendant into custody so that the court may explore options pursuant to subsection A, paragraph 2, 3 or 4 of this section.
F. A guardian ad litem who is appointed pursuant to this section and who determines that protective action is appropriate shall initiate and prosecute proceedings for the appointment of a guardian, a conservator or any other protective order pursuant to Title 14, Chapter 5. The court, on the request of the guardian ad litem or on its own motion, may order an independent evaluation of the defendant by a licensed physician, a licensed psychologist or a registered nurse to assess whether the defendant is an incapacitated person as defined in section 14-5101 or is a person in need of protection as prescribed in section 14-5401, subsection A, paragraph 2.
G. A guardian ad litem and any other evaluator who is appointed pursuant to this section is entitled to reasonable compensation for the work performed as a guardian ad litem or evaluator. If the defendant is indigent, the court may order the reasonable compensation to be a county expense.