A.R.S. tit. 13 ch. 5 — Arizona Revised Statutes Title 13 Chapter 5 — Responsibility

13-501. Persons under eighteen years of age; felony charging; definitions A. The county attorney shall bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is fifteen, sixteen or seventeen years of age at the time the alleged offense is committed and the juvenile is accused of any of the following offenses: 1. First degree murder in violation of section 13-1105. 2. Second degree murder in violation of section 13-1104. 3. Forcible sexual assault in violation of section 13-1406. 4. Armed robbery in violation of section 13-1904. 5. Any other violent felony offense. 6. Any felony offense committed by a chronic felony offender. 7. Any offense that is properly joined to an offense listed in this subsection. B. Except as provided in subsection A of this section, the county attorney may bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is at least fourteen years of age at the time the alleged offense is committed and the juvenile is accused of any of the following offenses: 1. A class 1 felony. 2. A class 2 felony. 3. A class 3 felony in violation of any offense in chapters 10 through 17 or chapter 19 or 23 of this title. 4. A class 3, 4, 5 or 6 felony involving a dangerous offense. 5. Any felony offense committed by a chronic felony offender. 6. Any offense that is properly joined to an offense listed in this subsection. C. A criminal prosecution shall be brought against a juvenile in the same manner as an adult if the juvenile has been accused of a criminal offense and has a historical prior felony conviction. D. At the time the county attorney files a complaint or indictment the county attorney shall file a notice stating that the juvenile is a chronic felony offender. Subject to subsection E of this section, the notice shall establish and confer jurisdiction over the juvenile as a chronic felony offender. E. On motion of the juvenile the court shall hold a hearing after arraignment and before trial to determine if a juvenile is a chronic felony offender. At the hearing the state shall prove by a preponderance of the evidence that the juvenile is a chronic felony offender. If the court does not find that the juvenile is a chronic felony offender, the court shall transfer the juvenile to the juvenile court pursuant to section 8-302. If the court finds that the juvenile is a chronic felony offender or if the juvenile does not file a motion to determine if the juvenile is a chronic felony offender, the criminal prosecution shall continue. F. Except as provided in section 13-921, a person who is charged pursuant to this section shall be sentenced in the criminal court in the same manner as an adult for any offense for which the person is convicted. G. Unless otherwise provided by law, nothing in this section shall be construed as to confer jurisdiction in the juvenile court over any person who is eighteen years of age or older. H. For the purposes of this section: 1. "Accused" means a juvenile against whom a complaint, information or indictment is filed. 2. "Chronic felony offender" means a juvenile who has had two prior and separate adjudications and dispositions for conduct that would constitute a historical prior felony conviction if the juvenile had been tried as an adult. 3. "Forcible sexual assault" means sexual assault pursuant to section 13-1406 that is committed without consent as defined in section 13-1401, paragraph 7, subdivision (a). 4. "Other violent felony offense" means: (a) Aggravated assault pursuant to section 13-1204, subsection A, paragraph 1. (b) Aggravated assault pursuant to section 13-1204, subsection A, paragraph 2 involving the use of a deadly weapon. (c) Drive by shooting pursuant to section 13-1209. (d) Discharging a firearm at a structure pursuant to section 13-1211. 13-502. Insanity test; burden of proof; guilty except insane verdict A. A person may be found guilty except insane if at the time of the commission of the criminal act the person was afflicted with a mental disease or defect of such severity that the person did not know the criminal act was wrong. A mental disease or defect constituting legal insanity is an affirmative defense. Mental disease or defect does not include disorders that result from acute voluntary intoxication or withdrawal from alcohol or drugs, character defects, psychosexual disorders or impulse control disorders. Conditions that do not constitute legal insanity include momentary, temporary conditions arising from the pressure of the circumstances, moral decadence, depravity or passion growing out of anger, jealousy, revenge, hatred or other motives in a person who does not suffer from a mental disease or defect or an abnormality that is manifested only by criminal conduct. B. In a case involving the death or serious physical injury of or the threat of death or serious physical injury to another person, if a plea of insanity is made and the court determines that a reasonable basis exists to support the plea, the court may commit the defendant to a secure state mental health facility under the department of health services, a secure county mental health evaluation and treatment facility or another secure licensed mental health facility for up to thirty days for mental health evaluation and treatment. Experts at the mental health facility who are licensed pursuant to title 32, who are familiar with this state's insanity statutes, who are specialists in mental diseases and defects and who are knowledgeable concerning insanity shall observe and evaluate the defendant. The expert or experts who examine the defendant shall submit a written report of the evaluation to the court, the defendant's attorney and the prosecutor. The court shall order the defendant to pay the costs of the mental health facility to the clerk of the court. The clerk of the court shall transmit the reimbursements to the mental health facility for all of its costs. If the court finds the defendant is indigent or otherwise is unable to pay all or any of the costs, the court shall order the county to reimburse the mental health facility for the remainder of the costs. Notwithstanding section 36-545.02, the mental health facility may maintain the reimbursements. If the court does not commit the defendant to a secure state mental health facility, a secure county mental health evaluation and treatment facility or another secure licensed mental health facility, the court shall appoint an independent expert who is licensed pursuant to title 32, who is familiar with this state's insanity statutes, who is a specialist in mental diseases and defects and who is knowledgeable concerning insanity to observe and evaluate the defendant. The expert who examines the defendant shall submit a written report of the evaluation to the court, the defendant's attorney and the prosecutor. The court shall order the defendant to pay the costs of the services of the independent expert to the clerk of the court. The clerk of the court shall transmit the reimbursements to the expert. If the court finds the defendant is indigent or otherwise unable to pay all or any of the costs, the court shall order the county to reimburse the expert for the remainder of the costs. This subsection does not prohibit the defendant or this state from obtaining additional psychiatric examinations by other mental health experts who are licensed pursuant to title 32, who are familiar with this state's insanity statutes, who are specialists in mental diseases and defects and who are knowledgeable concerning insanity. C. The defendant shall prove the defendant's legal insanity by clear and convincing evidence. D. If the finder of fact finds the defendant guilty except insane, the court shall determine the sentence the defendant could have received pursuant to section 13-707 or section 13-751, subsection A or the presumptive sentence the defendant could have received pursuant to section 13-702, section 13-703, section 13-704, section 13-705, section 13-706, subsection A, section 13-710 or section 13-1406 if the defendant had not been found insane, and the judge shall suspend the sentence and shall order the defendant to be placed and remain under the jurisdiction of the superior court and committed to a secure state mental health facility under the department of health services pursuant to section 13-3992 for the length of that sentence. In making this determination the court shall not consider the sentence enhancements for prior convictions under section 13-703 or 13-704. The court shall expressly identify each act that the defendant committed and separately find whether each act involved the death or physical injury of or a substantial threat of death or physical injury to another person. E. A guilty except insane verdict is not a criminal conviction for sentencing enhancement purposes under section 13-703 or 13-704. 13-503. Effect of alcohol or drug use Temporary intoxication resulting from the voluntary ingestion, consumption, inhalation or injection of alcohol, an illegal substance under chapter 34 of this title or other psychoactive substances or the abuse of prescribed medications does not constitute insanity and is not a defense for any criminal act or requisite state of mind. 13-504. Persons under eighteen years of age; juvenile transfer A. On the motion of a juvenile or on the court's own motion, the court, if a juvenile is being prosecuted in the same manner as an adult pursuant to section 13-501, subsection B, shall hold a hearing to determine if jurisdiction of the criminal prosecution should be transferred to the juvenile court. B. Notwithstanding subsection A of this section, the court shall hold a hearing if a juvenile is prosecuted in the same manner as an adult pursuant to section 13-501, subsection B for an offense that was committed more than twelve months before the date of the filing of the criminal charge. C. If the court finds by clear and convincing evidence that public safety and the rehabilitation of the juvenile, if adjudicated delinquent, would be best served by transferring the prosecution to the juvenile court, the judge shall order the juvenile transferred to the juvenile court. On transfer, the court shall order that the juvenile be taken to a place of detention designated by the juvenile court or to that court or shall release the juvenile to the custody of the juvenile's parent or guardian or other person legally responsible for the juvenile. If the juvenile is released to the juvenile's parent or guardian or other person legally responsible for the juvenile, the court shall require that the parent, guardian or other person bring the juvenile to appear before the juvenile court at a designated time. The juvenile court shall then proceed with all further proceedings as if a petition alleging delinquency had been filed with the juvenile court under section 8-301. D. The court shall consider the following factors in determining whether public safety and the juvenile's rehabilitation, if adjudicated delinquent, would be served by the transfer: 1. The seriousness of the offense involved. 2. The record and previous history of the juvenile, including previous contacts with the court and law enforcement, previous periods of any court ordered probation and the results of that probation. 3. Any previous commitments of the juvenile to juvenile residential placements or other secure institutions. 4. Whether the juvenile was previously committed to the department of juvenile corrections for a felony offense. 5. Whether the juvenile committed another felony offense while the juvenile was a ward of the department of juvenile corrections. 6. Whether the juvenile committed the alleged offense while participating in, assisting, promoting or furthering the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise. 7. The views of the victim of the offense. 8. Whether the degree of the juvenile's participation in the offense was relatively minor but not so minor as to constitute a defense to prosecution. 9. The juvenile's mental and emotional condition. 10. The likelihood of the juvenile's reasonable rehabilitation through the use of services and facilities that are currently available to the juvenile court. E. At the conclusion of the transfer hearing, the court shall make a written determination whether the juvenile should be transferred to juvenile court. The court shall not defer the decision as to the transfer.