A. Within thirty days after the report is submitted, the court shall hold a hearing to determine a defendant‘s competency to stand trial. The parties may introduce other evidence regarding the defendant’s mental condition or may submit the matter by written stipulation on the expert’s report.
Terms Used In Arizona Laws 13-4510
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
B. If the court finds that the defendant is competent to stand trial, the proceedings shall continue without delay.
C. If the court initially finds that the defendant is incompetent to stand trial, the court shall order treatment for the restoration of competency unless there is clear and convincing evidence that the defendant will not be restored to competency within fifteen months. The court may extend the restoration treatment by six months if the court determines that the defendant is making progress toward the goal of restoration.
D. All treatment orders issued by the court shall specify the following:
1. The place where the defendant will receive treatment.
2. Transportation to the treatment site.
3. The length of the treatment.
4. Transportation after treatment.
5. The frequency of reports.