A. If the court determines pursuant to section 13-4503 that reasonable grounds exist for a competency examination, the court shall appoint two or more mental health experts to examine the defendant, issue a report and, if necessary, testify regarding the defendant’s competency. The court, on its own motion or upon motion of any party, may order that one of the mental health experts appointed shall be a physician specializing in psychiatry and licensed pursuant to title 32, chapter 13 or 17. The state and the defendant, upon approval of the court, may stipulate to the appointment of only one expert.
Terms Used In Arizona Laws 13-4505
- Clinical liaison: means a mental health expert or any other individual who has experience and training in mental health or developmental disabilities and who is qualified and appointed by the court to aid in coordinating the treatment or training of individuals who are found incompetent to stand trial. See Arizona Laws 6-412
- Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 3-1703
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Mental health expert: means a physician who is licensed pursuant to title 32, chapter 13 or 17 or a psychologist who is licensed pursuant to title 32, chapter 19. See Arizona Laws 6-412
- 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 3-1703
- Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215
B. The court may order the defendant to submit to physical, neurological or psychological examinations, if necessary, to adequately determine the defendant’s mental condition.
C. The court shall order the defendant to pay the costs of the court ordered examination, except that if the court finds the defendant is indigent or otherwise unable to pay all or any part of the costs or if the prosecution requested the examination, the court shall order the county to pay the costs of the examination or, if the case is referred by a municipal court judge, the court shall order the city to pay the costs of the examination.
D. This section does not prohibit any party from retaining its own expert to conduct any additional examinations at its own expense.
E. A person who is appointed as a mental health expert or clinical liaison is entitled to immunity, except that the mental health expert or clinical liaison may be liable for intentional, wanton or grossly negligent acts that are done in the performance of the expert’s or liaison’s duties.