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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
competency evaluation; records; appointments
Purpose
Decreases, from two to one, the minimum number of mental health experts required for a competency evaluation of a defendant charged with only a misdemeanor.
Background
Statute requires the court to appoint two or more mental health experts to examine a defendant if reasonable grounds exist for a competency evaluation in either a misdemeanor or a felony criminal case (A.R.S. § 13-4505). Statute allows any party or the court to request the examination of a defendant's competency to: 1) stand trial; 2) enter a plea; or 3) assist the defendant's attorney (A.R.S. § 13-4503). 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 (A.R.S. § 13-4501).
A mental health
expert is a licensed osteopathic physician, doctor of medicine or
psychologist who is: 1) familiar with Arizona competency standards and statutes
and criminal and involuntary commitment statutes; 2) familiar with the
treatment, training and restoration programs that are available in Arizona; and
3) certified by the court as meeting court-developed guidelines using
recognized programs or standards (A.R.S.
§ 13-4501). Statute prohibits the court from trying, convicting, sentencing
or punishing a person deemed incompetent to stand trial (A.R.S.
§ 13-4502).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Decreases, from two to one, the minimum number of mental health experts required for a competency evaluation of a defendant charged with only a misdemeanor.
2. Removes the requirement that parties provide all available medical and criminal history records to the court within three working days after a motion to examine the competency of a defendant is filed.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2021
JA/RC/kja