If the court finds that a defendant is incompetent to stand trial, the court shall determine:

Terms Used In Arizona Laws 13-4511

  • 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
  • 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.

1. If the defendant is incompetent to refuse treatment, including medication, and should be subject to involuntary treatment.

2. The maximum sentence the defendant could have received pursuant to section 13-702, section 13-703, section 13-704, subsection A, B, C, D or E, section 13-705, section 13-706, subsection A, section 13-707, section 13-708, subsection D, section 13-710 or section 13-1406 or the sentence the defendant could have received pursuant to section 13-751, subsection A or any section for which a specific sentence is authorized. In making this determination the court shall not consider the sentence enhancements for prior convictions under section 13-703 or 13-704.