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:

Terms Used In Arizona Laws 13-4509

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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. See Arizona Laws 6-412
  • 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
  • Threat to public safety: means charged with the commission of any of the following:

    (a) A crime involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the infliction of physical injury on another person. See Arizona Laws 6-412

  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

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 report shall address the necessity of continuing that treatment and shall include a description of any limitations that the medication may have on competency.