13-4501. Definitions

434 words·~2 min read·/az/title-13/13-4501

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.