The Arizona Revised Statutes have been updated to include the revised sections from the 55th Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 1st Regular Session, which convenes in January 2023.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
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 court, in its discretion, may appoint a mental health expert who is a physician to address the necessity of continuing that treatment and any limitations that the medication may have on competency.