A.R.S. tit. 13 ch. 41 — Arizona Revised Statutes Title 13 Chapter 41 — Incompetence To Stand Trial

13-4501. Definitions In this chapter, unless the context otherwise requires: 1. "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. If intellectual disability is an issue, the clinical liaison shall be an expert in intellectual disabilities. 2. "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. 3. "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. In the case of a person under eighteen years of age when the issue of competency is raised, incompetent to stand trial also means a person who does not have sufficient present ability to consult with the person's lawyer with a reasonable degree of rational understanding or who does not have a rational and factual understanding of the proceedings against the person. The presence of a mental illness, defect or disability alone is not grounds for finding a defendant incompetent to stand trial. 4. "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 19.1 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. 5. "Mental illness, defect or disability" means a psychiatric or neurological disorder that is evidenced by behavioral or emotional symptoms, including congenital mental conditions, conditions resulting from injury or disease and developmental disabilities as defined in section 36-551. 6. "Secure state mental health facility" means a secure behavioral health residential facility that is licensed pursuant to section 36-425.06. 7. "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. (b) A dangerous crime against children pursuant to section 13-705. (c) Two or more nondangerous felonies within a period of twenty-four months. 13-4502. Effect of incompetency A. A person shall not be tried, convicted, sentenced or punished for an offense if the court determines that the person is incompetent to stand trial. B. 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. 13-4503. Request for competency examination; jurisdiction over competency hearings; referral A. At any time after the prosecutor charges a criminal offense by complaint, information or indictment, any party or the court on its own motion may request in writing that the defendant be examined to determine the defendant's competency to stand trial, to enter a plea or to assist the defendant's attorney. The motion shall state the facts on which the mental examination is sought. B. The court may request that a mental health expert assist the court in determining if reasonable grounds exist for examining a defendant. C. Except as provided in subsection D of this section, after any court determines that reasonable grounds exist for further competency proceedings, the superior court shall have exclusive jurisdiction over all competency hearings. D. The presiding judge of the superior court in each county, with the agreement of the justice of the peace or municipal court judge, may authorize a justice court or municipal court to exercise jurisdiction over a competency hearing in a misdemeanor case that arises out of the justice court or municipal court. E. A justice of the peace or municipal court judge, with the approval of the presiding judge of the superior court and the justice or judge of the receiving court, may refer a competency hearing to another justice court or municipal court that is located in the county. 13-4504. Dismissal of misdemeanor charges; notice A. Notwithstanding any law to the contrary, if 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. The court shall give ten days' notice to the prosecutor and the defendant of this hearing. On receipt of the notice, the prosecutor shall notify the victim of the hearing. B. If a misdemeanor charge is dismissed pursuant to this section, the court may order the prosecutor to initiate civil commitment or guardianship proceedings. 13-4505. Appointment of experts; costs A. If the court determines pursuant to section 13-4503 that reasonable grounds exist for a competency examination, the court shall: 1. If the defendant is charged with only a misdemeanor, appoint one or more mental health experts to examine the defendant. 2. If the defendant is charged with a felony, appoint two or more mental health experts to examine the defendant. B. The mental health expert or experts shall examine the defendant, issue a report and, if necessary, testify regarding the defendant's competency. 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. The state and the defendant, on approval of the court, may stipulate to the appointment of only one expert. C. The court may order the defendant to submit to physical, neurological or psychological examinations, if necessary, to adequately determine the defendant's mental condition. D. The court shall order the defendant to pay the costs of the court-ordered examination, except that if the court finds the defendant is indigent or otherwise unable to pay all or any part of the costs or if the prosecution requested the examination, the court shall order the county to pay the costs of the examination or, if the case is referred by a municipal court judge, the court shall order the city to pay the costs of the examination. E. This section does not prohibit any party from retaining its own expert to conduct any additional examinations at its own expense. F. A person who is appointed as a mental health expert or clinical liaison is entitled to immunity, except that the mental health expert or clinical liaison may be liable for intentional, wanton or grossly negligent acts that are done in the performance of the expert's or liaison's duties. 13-4506. Examination for purposes of insanity defense 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 plea of insanity, the mental health expert who is appointed pursuant to section 13-4505 shall provide a screening report that includes: 1. The mental status of the defendant at the time of the offense. 2. If the expert determines that the defendant suffered from a mental disease, defect or disability at the time of the offense, the relationship of the disease, defect or disability to the alleged offense. B. If the defendant's state of mind at the time of the offense will be included in the examination, the court shall not appoint the expert to address this issue until the court receives the medical and criminal history records of the defendant. C. Within ten working days after the expert is appointed, the parties shall provide any additional medical or criminal history records that are requested by the court or the expert. 13-4507. Examination of competency to stand trial A. The court shall set and may change the conditions under which the examination is conducted. B. The defense attorney shall be available to the mental health expert conducting the examination. C. A proceeding to determine if a defendant is competent to stand trial shall not delay a judicial determination of the defendant's eligibility for pretrial release. 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. D. If a defendant is released from custody under any pretrial release provision, the court may order the defendant to appear at a designated time and place for an outpatient examination. The court may make the appearance a condition of the defendant's pretrial release. E. The court may order that the defendant be involuntarily confined until the examination is completed if the court determines that any of the following applies: 1. The defendant will not submit to an outpatient examination as a condition of pretrial release. 2. The defendant refuses to appear for an examination. 3. An adequate examination is impossible without the confinement of the defendant. 4. The defendant is a threat to public safety. F. If a defendant is committed for an inpatient examination, the length of the commitment shall not exceed the period of time that is necessary for the examination. The commitment for examination shall not exceed thirty days, except that the commitment may be extended by fifteen days if the court finds that extraordinary circumstances exist. The county shall pay the costs of any inpatient examination ordered by the court, except that the city shall pay the costs of any inpatient examination that is ordered by a municipal court judge. 13-4508. Privilege against self-incrimination; sealed reports A. The privilege against self-incrimination applies to any examination that is ordered by the court pursuant to this chapter. B. Any evidence or statement that is obtained during an examination is not admissible at any proceeding to determine a defendant's guilt or innocence unless the defendant presents evidence that is intended to rebut the presumption of sanity. C. Any statement made by the defendant during an examination or any evidence resulting from that statement concerning any other event or transaction is not admissible at any proceeding to determine the defendant's guilt or innocence of any other criminal charges that are based on those events or transactions, except that a statement or evidence may be used by any party in a proceeding to determine whether the defendant is eligible for court-ordered treatment pursuant to title 36, chapter 5 or 40 or is a sexually violent person. D. Any statement made by the defendant or any part of the evaluations that is obtained during an examination may not be used for any purpose without the written consent of the defendant or the defendant's guardian or a court order that is entered by the court that ordered the examination or that is conducting a dependency or severance proceeding. E. After a plea of guilty or guilty except insane or the trial or after the defendant is found to be unable to be restored to competence, the court shall order all the reports submitted pursuant to this section 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, 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 or in a trial to determine whether the defendant is dangerous and eligible for commitment pursuant to section 13-4521. 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 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 for the purposes of assessment and supervision or monitoring of 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. F. Any statement made by the defendant during an examination that is conducted pursuant to this chapter or any evidence resulting from that statement is not subject to disclosure pursuant to section 36-509. 13-4509. Expert's report A. An expert who is appointed pursuant to section 13-4505 shall submit a written report of the examination to the court within ten working days after the examination is completed. The report shall include at least the following information: 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. B. If the mental health expert determines that the defendant is incompetent to stand trial, the report shall also include the following information: 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. C. If the mental health examiner determines that the defendant is currently competent by virtue of ongoing treatment with psychotropic medication, the court, in its discretion, may appoint a mental health expert who is a physician to address the necessity of continuing that treatment and any limitations that the medication may have on competency. D. A mental health expert who is appointed pursuant to section 13-4521 shall submit a written report of the examination to the court within ten working days after the examination is completed. The report shall include at least the following information: 1. The name of each mental health expert who examined 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 whether the defendant should be considered dangerous, including the nature of the mental illness, disease or defect that makes the defendant likely to be dangerous and the defendant's prognosis. 5. The most appropriate form and place of treatment in this state, based on the defendant's therapeutic needs and potential threat to public safety. 13-4510. Competency hearing and orders A. Within thirty days after the report is submitted, the court shall hold a hearing to determine a defendant's competency to stand trial. The parties may introduce other evidence regarding the defendant's mental condition or may submit the matter by written stipulation on the expert's report. B. If the court finds that the defendant is competent to stand trial, the proceedings shall continue without delay. C. If the court initially finds that the defendant is incompetent to stand trial, the court shall order treatment for the restoration of competency unless there is clear and convincing evidence that the defendant will not be restored to competency within fifteen months. The court may extend the restoration treatment by six months if the court determines that the defendant is making progress toward the goal of restoration. D. All treatment orders issued by the court shall specify the following: 1. The place where the defendant will receive treatment. 2. Transportation to the treatment site. 3. The length of the treatment. 4. Transportation after treatment. 5. The frequency of reports. 13-4511. Competency to refuse treatment; length of sentence If the court finds that a defendant is incompetent to stand trial, the court shall determine: 1. If the defendant is incompetent to refuse treatment, including medication, and should be subject to involuntary treatment. 2. The maximum sentence the defendant could have received pursuant to section 13-702, section 13-703, section 13-704, subsection A, B, C, D or E, section 13-705, section 13-706, subsection A, section 13-707, section 13-708, subsection D, section 13-710 or section 13-1406 or the sentence the defendant could have received pursuant to section 13-751, subsection A or any section for which a specific sentence is authorized. In making this determination the court shall not consider the sentence enhancements for prior convictions under section 13-703 or 13-704. 13-4512. Competency restoration treatment; order; commitment; costs A. The court may order a defendant to undergo out of custody competency restoration treatment. If the court determines that confinement is necessary for treatment, the court shall commit the defendant for competency restoration treatment to the competency restoration treatment program designated by the county board of supervisors. B. If the county board of supervisors has not designated a program to provide competency restoration treatment, the court may commit the defendant for competency restoration treatment to the Arizona state hospital, subject to funding appropriated by the legislature to the Arizona state hospital for inpatient competency restoration treatment services, or to any other facility that is approved by the court. C. A county board of supervisors that has designated a county restoration treatment program may enter into contracts with providers, including the Arizona state hospital, for inpatient, in-custody competency restoration treatment. A county competency restoration treatment program may do the following: 1. Provide competency restoration treatment to a defendant in the county jail, including inpatient treatment. 2. Obtain court orders to transport the defendant to other providers, including the Arizona state hospital, for inpatient, in-custody competency restoration treatment. D. In determining the type and location of the treatment, the court shall select the least restrictive treatment alternative after considering the following: 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 section 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. E. An order entered pursuant to this section shall state whether the defendant is incompetent to refuse treatment, including medication, pursuant to section 13-4511. F. A defendant shall pay the cost of inpatient, in-custody competency restoration treatment unless otherwise ordered by the court. If the court finds the defendant is unable to pay all or a portion of the costs of inpatient, in-custody treatment, the city, town or county shall pay the costs of inpatient, in-custody competency restoration treatment at the Arizona state hospital that are incurred until: 1. Seven days, excluding Saturdays, Sundays or other legal holidays, after the hospital submits a report to the court stating that the defendant has regained competency or 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. 2. The treatment order expires. 3. Seven days, excluding Saturdays, Sundays or other legal holidays, after the charges are dismissed. G. The county, or the city if the competency proceedings arise out of a municipal court proceeding, shall pay the hospital costs that are incurred after the period of time designated in subsection F of this section and shall also pay for the costs of inpatient, in-custody competency restoration treatment in court-approved programs that are not programs at the Arizona state hospital. H. Payment for the cost of outpatient community treatment is the responsibility of the defendant unless: 1. The defendant is enrolled in a program that covers the treatment and that has funding available for the provision of treatment to the defendant, and the defendant is eligible to receive the treatment. Defendants in these circumstances may be required to share in the cost of the treatment if cost sharing is required by the program in which the defendant is enrolled. 2. The court finds that the defendant is unable to pay all or a portion of treatment costs or that outpatient treatment is not otherwise available to the defendant. For defendants in these circumstances, all or a portion of the costs of outpatient community treatment shall be borne by the county or the city if the competency proceedings arise out of a municipal court proceeding. I. A treatment order issued pursuant to this section is valid for one hundred eighty days or until one of the following occurs: 1. The treating facility submits a report that the defendant has regained competency or 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. 2. The charges are dismissed. 3. The maximum sentence for the offense charged has expired. 4. A qualified physician who represents the Arizona state hospital determines that the defendant is not suffering from a mental illness and is competent to stand trial. J. The Arizona state hospital shall collect census data for adult restoration to competency treatment programs to establish maximum capacity and the allocation formula required pursuant to section 36-206, subsection D. The Arizona state hospital or the department of health services is not required to provide restoration to competency treatment that exceeds the funded capacity. If the Arizona state hospital reaches its funded capacity in either or both the adult male or adult female restoration to competency treatment programs, the superintendent of the state hospital shall establish a waiting list for admission based on the date of the court order issued pursuant to this section. K. Notwithstanding any other law, a county may meet any statutory funding requirements of this section from any source of county revenue designated by the county, including funds of any countywide special taxing district of which the board of supervisors serves as the board of directors. 13-4513. Appointment of clinical liaison A. If the court enters a treatment order pursuant to this chapter, the court shall appoint a clinical liaison to coordinate the continuity of care following restoration. The clinical liaison may not be the defendant's treatment supervisor. The clinical liaison shall be familiar with aftercare facilities that are available in the defendant's locale and shall act as a liaison between the court and any treating facilities or correctional facilities. B. The county, or the city if the competency proceedings are conducted in municipal court, shall pay the clinical liaison's fees. C. The clinical liaison shall submit a written report to the court on request. The court shall distribute copies of the report to the prosecutor and the defense attorney. D. The clinical liaison in cooperation with the treating facility shall advise the court on matters relating to the appropriateness of the form and location of treatment, including the level of security. E. A treatment facility shall cooperate fully with the clinical liaison and shall provide the liaison with access to the defendant's records. The clinical liaison shall not direct treatment or render an opinion on the defendant's competency. 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: 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. 13-4515. Duration of order; excluded time calculation; notice of dismissed charge or voided order; petitions A. An order or combination of orders that is issued pursuant to section 13-4512 or 13-4514 shall not be in effect for more than twenty-one months or the maximum possible sentence the defendant could have received pursuant to section 13-702, section 13-703, section 13-704, subsection A, B, C, D or E, section 13-705, section 13-706, subsection A, section 13-708, subsection D or section 13-751 or any section for which a specific sentence is authorized, whichever is less. In making this determination the court shall not consider the sentence enhancements under section 13-703 or 13-704 for prior convictions. B. The court shall only consider the time a defendant actually spends in a restoration to competency program when calculating the time requirements pursuant to subsection A of this section. C. The court shall notify the prosecutor, the defense attorney, the medical supervisor and the treating facility if the charges against the defendant are dismissed or if an order is voided by the court. No charges shall be dismissed without a hearing before the dismissal. D. If a defendant is discharged or released on the expiration of an order or orders issued pursuant to section 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, appointment of a guardian pursuant to title 14 or involuntary commitment pursuant to section 13-4521 because the defendant is considered dangerous. 13-4516. Notice to central state repository; records A. The court shall notify the central state repository established by section 41-1750 of any commitment that is ordered or any release that is authorized under this chapter and of any determination that a defendant has regained competency to stand trial. B. The court and the department of health services shall keep records of the offenses for which a defendant was charged, any court ordered examinations and treatment outcomes. 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: 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. 13-4518. Screening; sexually violent person; appointment of competent professional A. If the county attorney receives a report that determines a defendant is incompetent to stand trial, the county attorney may request that the defendant be screened to determine if the defendant may be a sexually violent person, if both: 1. The report concludes 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. 2. The defendant is charged with or has ever been convicted of or found guilty except insane for a sexually violent offense as defined in section 36-3701. B. If the court orders a screening to determine if the defendant may be a sexually violent person, both of the following apply: 1. The court shall appoint a competent professional as defined in section 36-3701 to conduct the screening and submit a report to the court and the parties within thirty days after the appointment. 2. The criminal case may not be dismissed until the competent professional's report is provided to the court and the parties and a hearing is held pursuant to subsection C of this section or the county attorney files a petition pursuant to section 36-3704. C. If the county attorney has not filed a petition pursuant to section 36-3704, the court may hold a hearing to determine if the county attorney is or will be filing a petition. If the county attorney has filed a petition or advises the court that it is or will be filing a petition, the court shall set a date on which the petition is due and further proceedings will be conducted pursuant to title 36, chapter 37. If a petition will not be filed, the court shall proceed pursuant to section 13-4517, subsection A, paragraph 1, 2 or 3. 13-4519. Detention of defendant during insanity; restoration to sanity If a defendant is committed to the state hospital for the reason that he is insane or mentally defective to the extent that he is unable to understand the proceedings against him or to assist in his defense, if charged with a crime, or for the reason that he is found insane after conviction and prior to pronouncing sentence, he shall be detained in the state hospital until he becomes sane. When the defendant becomes sane, the superintendent of the state hospital shall give notice of that fact to the sheriff and county attorney of the county. The sheriff shall thereupon, without delay, bring the defendant from the state hospital and place him in proper custody, until he is brought to trial or sentenced, or is legally discharged. 13-4520. Expenses of maintenance of insane defendant as county charge When a defendant in a criminal action, any time prior to pronouncement of sentence, is committed to the state hospital, the expenses of transporting him to and from the hospital and of maintaining him while confined therein shall be a charge against the county in which the indictment was found or information filed, but the county may recover such expenses from the estate of the defendant or from a relative, town, city or county required by law to provide for and maintain the defendant. 13-4521. Dangerous and incompetent defendants; proof evident hearing; commitment trial; disposition; findings; annual report A. If a court enters an order pursuant to section 13-4517, subsection A, paragraph 4, the court shall hold a hearing within ten days after the order is issued to determine if the proof is evident or the presumption great that the defendant committed the act that constitutes a serious offense as defined in section 13-706. If the court does not find the proof is evident or the presumption great that the defendant committed the act, the court shall proceed pursuant to section 13-4517, subsection A, paragraph 1, 2 or 3. B. If the court does find the proof is evident or the presumption great pursuant to subsection A of this section, the court shall hold a trial within one hundred twenty days after the court issued the order pursuant to section 13-4517, subsection A, paragraph 4 to determine if the defendant is dangerous and should be involuntarily committed. Unless the state or defendant requests a jury trial, a trial held pursuant to this subsection shall be before the court. C. The Arizona rules of evidence and the Arizona rules of civil procedure apply to proceedings held pursuant to this section, except that the court may consider evidence that is not admissible under the Arizona rules of evidence when making a determination pursuant to subsection A of this section. D. If there has not been a previous evaluation to determine whether the defendant is dangerous, the defendant shall be examined by mental health experts in accordance with the requirements of section 13-4509, subsection D to determine if the defendant should be considered dangerous. The state and the defendant may each retain a mental health expert to examine the defendant and present the defendant's mental health evaluation at the trial. E. At a trial to determine if the defendant is dangerous, the state shall establish beyond a reasonable doubt that the defendant is dangerous and should be involuntarily committed. If the factfinder does not find that the defendant is dangerous or does not find that the defendant should be involuntarily committed, the court shall proceed pursuant to section 13-4517, subsection A, paragraph 1, 2 or 3. F. If the factfinder finds that the defendant is dangerous and should be involuntarily committed, the court shall dismiss the charges against the defendant without prejudice and order the defendant to be committed to a secure state mental health facility. The defendant shall receive education, care, supervision and treatment to render the defendant either competent or nondangerous. G. If the court issues or has issued a commitment order pursuant to this section: 1. Until December 31, 2031, if the defendant has been determined to be dangerous and incompetent and is involuntarily committed to a secure state mental health facility pursuant to this section but there are no beds available in a secure state mental health facility in this state, section 13-4521.01 applies to the placement of the defendant, but all other provisions of this section remain applicable to the defendant. 2. All further proceedings for the defendant's continued treatment and the circumstances under which the defendant may be released shall be conducted pursuant to title 36, chapter 40. 3. The order shall require that the defendant remain committed to a secure state mental health facility until any of the following occurs: (a) The court finds that the defendant is competent to stand trial. (b) The court finds that the defendant is no longer dangerous. H. A commitment order issued pursuant to this section may not be in effect for more than the presumptive sentence the defendant could have received for the highest charged offense pursuant to section 13-702 or 13-703, section 13-704, subsection A, B, C, D or E, section 13-705, section 13-706, subsection A, section 13-708, subsection D or section 13-751 or any section for which a specific sentence is authorized. In making this determination, the court may not consider the sentence enhancements under section 13-703 or 13-704 for prior convictions. The court shall consider all time a defendant has been in custody, including pretrial detention and custody under title 36. I. The court shall retain jurisdiction over a defendant who is committed pursuant to this section until the court discharges the defendant from treatment. If a defendant is discharged or released on the expiration of a commitment order issued pursuant to this section, the medical director of the secure state mental health facility from which the defendant is discharged or released or the state may file a petition stating that the defendant requires further treatment pursuant to title 36, chapter 5 or the appointment of a guardian pursuant to title 14. J. Findings by the court made pursuant to this section and, except as provided in section 13-4508, any statements made by the defendant during an examination by a mental health expert pursuant to section 13-4509 are inadmissible in any proceeding other than a proceeding under title 36, chapters 5 and 40. K. A person who is involuntarily committed to a secure state mental health facility pursuant to this section shall receive credit for all time spent under the jurisdiction of the secure state mental health facility if the person is found competent to stand trial and is subsequently sentenced to the state department of corrections for any of the charges that were the basis for the involuntary commitment. L. The court shall annually report the following information for the previous year to the Arizona criminal justice commission: 1. The number of court orders for a trial pursuant to section 13-4517, subsection A, paragraph 4, including the number of jury trials that were held. 2. The number of defendants who are committed after a trial pursuant to this section. 3. The number of committed defendants who are conditionally released to a less restrictive alternative. 4. The number of committed defendants who are restored to competency or determined to not be dangerous and who are discharged. 13-4521.01. Dangerous and incompetent defendants; placement until December 31, 2031; reports (Rpld. 1/1/32) A. Until December 31, 2031, if the court issues or has issued a commitment order pursuant to section 13-4521 and there are no beds available in a secure state mental health facility in this state, the Arizona state hospital may accept the defendant for care and treatment on its forensic campus if all of the following apply: 1. The defendant has been determined to be dangerous and incompetent and is involuntarily committed to a secure state mental health facility pursuant to section 13-4521. 2. The defendant has received at least twelve months of restoration to competency services. 3. The defendant has a primary psychiatric condition. B. The order shall: 1. Require that the defendant remain committed to the Arizona state hospital pursuant to this section or a secure state mental health facility until either of the following occurs: (a) The court finds that the defendant is competent to stand trial. (b) The court finds that the defendant is no longer dangerous. 2. Include authorization for the Arizona state hospital to provide necessary treatment to the defendant, including the administration of medications as clinically indicated, and to ensure the safety and security of the facility. 3. Allow the Arizona state hospital to issue a standing order for the application of restraints to the defendant as necessary to ensure the safety and security of the facility. C. If the medical director determines that a defendant who was determined to be dangerous, incompetent and nonrestorable pursuant to section 13-4521 may no longer be dangerous or incompetent, the disposition of the proceedings shall be pursuant to title 36, chapter 40. D. As soon as practicable, on the licensure of a secure state mental health facility for the care and treatment of defendants who are committed under section 13-4521, the Arizona state hospital shall coordinate the transfer of any defendant who is admitted to the Arizona state hospital pursuant to this section to the secure state mental health facility. E. The costs of a defendant who is determined to be dangerous, incompetent and nonrestorable and who is subsequently admitted to the Arizona state hospital pursuant to this section shall be paid by the department of health services, including the costs for all nonpsychiatric or nonmental health disorder-related services provided to the defendant during the defendant's admission. F. The Arizona state hospital may not accept more than one defendant who has a primary psychiatric condition, who has been determined to be dangerous, incompetent and nonrestorable pursuant to section 13-4521 and whose originating county has a population of less than four hundred thousand persons for care and treatment on the Arizona state hospital's forensic campus. If the Arizona state hospital reaches, or is expected to reach, the maximum funded capacity for forensic programs, the superintendent shall inform each county's presiding judge, county attorney and chairperson of the board of supervisors that the Arizona state hospital may not accept any additional defendants pursuant to section 13-502, 13-3992 or 13-4521 or this section and the following apply: 1. Notwithstanding section 13-3992, subsection E, the department of health services is not required to reimburse a county for the actual costs of each day an admission is deferred for a person who has been found guilty except insane pursuant to section 13-502 if the deferral is due to a defendant admitted to the Arizona state hospital pursuant to this section. 2. Neither the department of health services or its officers are liable for or subject to civil sanctions as a result of the Arizona state hospital's inability to admit defendants due to reaching the maximum funded capacity. G. Beginning October 1, 2026 and every six months thereafter, the administrative office of the courts shall report to the speaker of the house of representatives, the president of the senate, the governor and the director of the department of health services all of the following: 1. The number of defendants who were determined to be incompetent to stand trial and nonrestorable. 2. The number of trials initiated to determine if a defendant is dangerous pursuant to this section. 3. The number of defendants who were determined to be dangerous pursuant to this section. 4. The number of defendants who were determined to be either incompetent to stand trial and nonrestorable or incompetent, nonrestorable and dangerous and who were diagnosed with a neurocognitive or neurodevelopmental disorder, including a traumatic brain injury, dementia or autism.