Arizona Laws 13-4001. Transferring jurisdiction of a person from the psychiatric security review board to superior court; procedures
A. If the board orders a person to be transferred to the superior court pursuant to section 13-3994, the person’s case shall be transferred to the committing court for suspension or imposition of sentence and a judicial review of the transfer, or both.
Terms Used In Arizona Laws 13-4001
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dangerous: means a danger of inflicting serious physical harm on oneself or others, including attempted suicide or the serious threat of suicide, if the threat is such that, when considered in the light of the threat's context and any previous acts, the threat is substantially supportive of an expectation that it will be carried out. See Arizona Laws 13-3991
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mental disease or defect: means a condition that was the basis for a person being found guilty except insane pursuant to section 13-502 or that was subsequently diagnosed while the person was committed to the secure mental health facility and for which the person needs ongoing mental health treatment. See Arizona Laws 13-3991
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Secure mental health facility: means a secure state mental health facility that is under the department of health services. See Arizona Laws 13-3991
- Treatment supervisor: means a qualified expert who is a person's supervising and treating clinician. See Arizona Laws 13-3991
- Writing: includes printing. See Arizona Laws 1-215
B. Within twenty days after the board orders a person’s transfer to the superior court, the person may request a judicial review. A petition for judicial review shall be filed with the committing court and served on the board, the secure mental health facility and the state.
C. At the judicial review hearing, the treatment supervisor has the burden to prove by clear and convincing evidence that the transfer is appropriate. The issues of the review are limited to the following:
1. Whether the person needs ongoing treatment for a mental disease or defect.
2. Whether the person is dangerous to self or others.
3. Whether the person’s offense is eligible for commitment to the state department of corrections.
D. If the court finds the transfer is appropriate, the court shall suspend the person’s sentence and place the person on supervised probation for the remainder of the commitment term or impose the sentence and order the person to be imprisoned in the state department of corrections for the remainder of the commitment term.
E. All time spent under the board’s jurisdiction and any time spent incarcerated shall be credited against any sentence imposed.
F. If the court finds the transfer is not supported by the evidence, the court shall transfer jurisdiction over the person back to the board pursuant to section 13-3994.
G. At the time of sentencing or placement on probation, the court shall notify the person in writing of the person’s appeal rights under rule 31, Arizona rules of criminal procedure.