Key Information

Relevant Statutes and Rules

Ariz. Rev. Stat. § 13-4501 et seq.; Ariz. R. Crim. Pro. 11 et seq.

What proceedings can occur while the defendant is incompetent

"The prosecutor or defense attorney may file any pretrial motion at any time while the defendant is incompetent to stand trial. The court shall hear and decide any issue presented by the motion if the defendant's presence is not essential for a fair hearing as determined by the court."

Ariz. Rev. Stat. Ann. § 13-4502(b)

"[I]f the court finds that a person has been previously adjudicated incompetent to stand trial pursuant to this chapter, the court may hold a hearing to dismiss any misdemeanor charge against the incompetent person."

§ 13-4504

Number of examiners required

1 for misdemeanors
2 for felonies
BUT parties can stipulate to only 1 on approval of the court.

§ 13-4505(A)(1), (A)(2), (B) 

Qualifications of examiners

“Mental health expert” means a physician who is licensed pursuant to title 32, chapter 13 or 171 or a psychologist who is licensed pursuant to title 32, chapter 19.12 and who is:
(a) Familiar with this state's competency standards and statutes and criminal and involuntary commitment statutes.
(b) Familiar with the treatment, training and restoration programs that are available in this state.
(c) Certified  by the court as meeting court developed guidelines using recognized programs or standards. § 13-4501(4)

"The court, on its own motion or on motion of any party, may order that one of the mental health experts appointed shall be a physician specializing in psychiatry and licensed pursuant to title 32, chapter 13 or 17." § 13-4505(B)

What must the evaluation report contain

Report must include: 
"1. The name of each mental health expert who examines the defendant.
2. A description of the nature, content, extent and results of the examination and any test conducted.
3. The facts on which the findings are based.
4. An opinion as to the competency of the defendant." § 13-4509(A)

If incompetent, must also include:
"1. The nature of the mental disease, defect or disability that is the cause of the incompetency.
2. The defendant's prognosis.
3. If requested by the state, whether the defendant should be considered dangerous and the nature of the mental illness, disease or defect that makes the defendant likely to be dangerous.
4. The most appropriate form and place of treatment in this state, based on the defendant's therapeutic needs and potential threat to public safety.
5. Whether the defendant is incompetent to refuse treatment and should be subject to involuntary treatment.
6. Whether the defendant has a history of any dangerous conduct."  § 13-4509(B)

Are low-level offenses excluded from restoration

"[I]f the court finds that a person has been previously adjudicated incompetent to stand trial pursuant to this chapter, the court may hold a hearing to dismiss any misdemeanor charge against the incompetent person."

§ 13-4504

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

Least restrictive alternative, considering 
"1. Whether confinement is necessary for treatment.
2. The likelihood that the defendant is a threat to public safety.
3. The defendant's participation in and cooperation during an outpatient examination of competency to stand trial conducted pursuant to § 13-4507.
4. The defendant's willingness to submit to outpatient competency restoration treatment as a condition of pretrial release, if the defendant is eligible for pretrial release." § 13-4512(D)

What is the test for restorability

"No substantial probability that the defendant will regain competency within twenty-one months after the date of original finding of incompetence." § 13-4517(A)

What is the procedure after restoration

The person who supervises defendant's treatment issues report to the court. Court holds hearing; if defendant is competent, proceedings resume. 

§ 13-4514

What is the procedure if there is a finding of unrestorability

Any party may request the court
(1) initiate civil commitment proceedings,
(2) Appoint guardian ad litem,
(3) Release def. and dismiss charges w/o prejudice,
(4) if facing serious charges, order trial for involuntary commitment.

§ 13-4517

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

"If a defendant is discharged or released on the expiration of an order or orders issued pursuant to § 13-4512 or 13-4514, the medical supervisor may file a petition stating that the defendant requires further treatment pursuant to title 36, chapter 5,1 appointment of a guardian pursuant to title 142 or involuntary commitment pursuant to § 13-4521 because the defendant is considered dangerous." A.R.S. § 13-4515(D)

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

A defendant who is otherwise entitled to pretrial release shall not be involuntarily confined or taken into custody solely because the issue of the defendant's competence to stand trial is raised and an examination is ordered unless the court determines that the defendant's confinement is necessary for the evaluation process.

§ 13-4507(C)

Time limits on treatment

21 months or max sentence

A.R.S. § 13-4515.