13-4510. Competency hearing and orders

175 words·~1 min read·/az/title-13/13-4510

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

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.