PREFILED JAN 10 2019
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REFERENCE TITLE: competency evaluations; reports |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2053 |
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Introduced by Representative Allen J
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AN ACT
amending section 13‑4509, Arizona Revised Statutes; relating to incompetence to stand trial.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-4509, Arizona Revised Statutes, is amended to read:
13-4509. Expert's report
A. An expert who is appointed pursuant to section 13‑4505 shall submit a written report of the examination to the court within ten working days after the examination is completed. The report shall include at least the following information:
1. The name of each mental health expert who examines the defendant.
2. A description of the nature, content, extent and results of the examination and any test conducted.
3. The facts on which the findings are based.
4. An opinion as to the competency of the defendant.
B. If the mental health expert determines that the defendant is incompetent to stand trial, the report shall also include the following information:
1. The nature of the mental disease, defect or disability that is the cause of the incompetency.
2. The defendant's prognosis.
3. The most appropriate form and place of treatment in this state, based on the defendant's therapeutic needs and potential threat to public safety.
4. Whether the defendant is incompetent to refuse treatment and should be subject to involuntary treatment.
C. If the mental health examiner determines that the defendant is currently competent by virtue of ongoing treatment with psychotropic medication, the report shall address the necessity of continuing that treatment and shall include a description of any limitations that the medication may have on competency.