8-291.04. Examination; competency to stand trial

348 words·~2 min read·/az/title-8/8-291-04

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

A. The court shall set and may change the conditions under which the examination of competency to stand trial is conducted.

B. Within three working days after the motion is granted and the mental health experts are appointed, the parties shall provide all of the juvenile’s available medical and criminal history records to the appointed mental health experts.

C. The defense attorney shall be available to the mental health expert who conducts the examination.

D. A proceeding to determine if a juvenile is competent to stand trial shall not delay a judicial determination of the juvenile’s eligibility for preadjudication release. Unless the court determines that a juvenile’s preadjudication detention is necessary for the evaluation process, a juvenile who is otherwise entitled to release shall not be involuntarily confined or detained solely because the issue of the juvenile’s competence to stand trial has been raised and an examination has been ordered.

E. If a juvenile is granted preadjudication release, the court may order the juvenile to appear at a designated time and place for an outpatient examination. The court may make the juvenile’s appearance a condition of the juvenile’s preadjudication release from detention.

F. The court may order that the juvenile be involuntarily detained until the examination is completed if the court determines that any of the following applies:

1. The juvenile will not submit to an outpatient examination as a condition of release.

2. The juvenile refuses to appear for an examination.

3. An adequate examination is impossible without the detention of the juvenile.

G. If a juvenile is detained or committed for an inpatient examination, the length of the detention or commitment shall not exceed the period of time that is necessary for the examination. The detention or commitment for examination shall not exceed thirty days, except that the detention or commitment may be extended by fifteen days if the court finds that extraordinary circumstances exist. The county shall pay the costs of an inpatient examination, except that if a municipal court judge orders the inpatient examination, the political subdivision shall pay the costs of the examination.