Arizona Laws 36-4003. Disposition
After a hearing pursuant to section 36-4002 or 36-4004, if the court finds that:
Terms Used In Arizona Laws 36-4003
- Dangerous: means that, as a result of a mental illness, defect or disability, a person's continued behavior can reasonably be expected, on the basis of a mental health expert's opinion, to result in serious physical harm or death to another person. See Arizona Laws 36-4001
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Less restrictive alternative: means court-ordered treatment in a setting that is less restrictive than total confinement. See Arizona Laws 36-4001
1. The committed defendant has been restored to competency, the court shall order the criminal proceedings to resume.
2. The committed defendant has not been restored to competency and:
(a) The committed defendant is not dangerous, the court shall release the committed defendant from treatment and proceed pursuant to section 13-4517, paragraph 1, 2 or 3.
(b) The committed defendant is not dangerous in whole or in part because of the habilitation or treatment that the patient is receiving, including taking medication, the court may release the committed defendant to a less restrictive alternative pursuant to sections 36-4005 and 36-4006.
(c) The committed defendant is dangerous, the committed defendant, subject to section 13-4521, subsection H, shall remain committed for education, care, supervision and treatment to render the committed defendant competent or nondangerous.