8-291. Definitions

213 words·~1 min read·/az/title-8/8-291

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

In this article, unless the context otherwise requires:

1. "Clinical liaison" means a mental health expert or another 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 juveniles who are found incompetent to stand trial. If developmental disability is an issue, the clinical liaison shall be an expert in developmental disability.

2. "Incompetent" means a juvenile who does not have sufficient present ability to consult with the juvenile's lawyer with a reasonable degree of rational understanding or who does not have a rational and factual understanding of the proceedings against the juvenile. Age alone does not render a person incompetent.

3. "Juvenile" means a person who is under eighteen years of age at the time the issue of competency is raised.

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 all of the following:

(a)Familiar with this state's competency standards and 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.