§ 13-4501 Definitions
§ 13-4502 Effect of incompetency
§ 13-4503 Request for competency examination; jurisdiction over competency hearings; referral
§ 13-4504 Dismissal of misdemeanor charges; notice
§ 13-4505 Appointment of experts; costs
§ 13-4506 Examination for purposes of insanity defense
§ 13-4507 Examination of competency to stand trial
§ 13-4508 Privilege against self-incrimination; sealed reports
§ 13-4509 Expert’s report
§ 13-4510 Competency hearing and orders
§ 13-4511 Competency to refuse treatment; length of sentence
§ 13-4512 Competency restoration treatment; order; commitment; costs
§ 13-4513 Appointment of clinical liaison
§ 13-4514 Progress reports; rehearings
§ 13-4515 Duration of order; excluded time calculation; notice of dismissed charge or voided order; petitions
§ 13-4516 Notice to central state repository; records
§ 13-4517 Incompetent defendants; disposition; evaluator costs
§ 13-4518 Screening; sexually violent person; appointment of competent professional
§ 13-4519 Detention of defendant during insanity; restoration to sanity
§ 13-4520 Expenses of maintenance of insane defendant as county charge
§ 13-4521 Dangerous and incompetent defendants; proof evident hearing; commitment trial; disposition; findings; annual report

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Terms Used In Arizona Laws > Title 13 > Chapter 41 - Incompetence to Stand Trial

  • Act: means a bodily movement. See Arizona Laws 13-105
  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Bank: means a corporation that holds a banking permit issued pursuant to chapter 2 of this title. See Arizona Laws 6-101
  • Banking office: means any place of business of the bank at which deposits are received, checks are paid or money is loaned but does not include the premises used for computer operations, proofing, record keeping, accounting, storage, maintenance or other administrative or service functions. See Arizona Laws 6-101
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
  • Converting bank: means a bank converting from a national to a state bank, or the reverse. See Arizona Laws 6-211
  • Conviction: A judgement of guilt against a criminal defendant.
  • Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
  • 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
  • Dangerous instrument: means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury. See Arizona Laws 13-105
  • Deadly weapon: means anything designed for lethal use, including a firearm. See Arizona Laws 13-105
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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.
  • Deputy director: means the deputy director of the financial institutions division of the department. See Arizona Laws 6-101
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
  • Fiduciary: A trustee, executor, or administrator.
  • Financial institution: means banks, trust companies, savings and loan associations, credit unions, consumer lenders, international banking facilities and financial institution holding companies under the jurisdiction of the department. See Arizona Laws 6-101
  • In-state financial institution: means a state or national bank or savings and loan association with its home office in this state, or holding company with its home office in this state. See Arizona Laws 6-211
  • 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
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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 13-4501
  • Merger: includes consolidation. See Arizona Laws 6-211
  • Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Out-of-state financial institution: means a state or national bank or savings and loan association with its home office in a state other than this state, or holding company with its home office in a state other than this state. See Arizona Laws 6-211
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Physical injury: means the impairment of physical condition. 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.
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • 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.
  • Resulting bank: means the bank resulting from a merger or conversion. See Arizona Laws 6-211
  • Secure state mental health facility: means a secure behavioral health residential facility that is licensed pursuant to Section 36-425. See Arizona Laws 13-4501
  • State bank: means a corporation holding a banking permit under the laws of this state. See Arizona Laws 6-211
  • 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. See Arizona Laws 13-4501

  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.