A. If the county attorney receives a report that determines a defendant is incompetent to stand trial, the county attorney may request that the defendant be screened to determine if the defendant may be a sexually violent person, if both:

Terms Used In Arizona Laws 13-4518

  • 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.
  • 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
  • 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
  • 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 report concludes that there is no substantial probability that the defendant will regain competency within twenty-one months after the date of the original finding of incompetency.

2. The defendant is charged with or has ever been convicted of or found guilty except insane for a sexually violent offense as defined in section 36-3701.

B. If the court orders a screening to determine if the defendant may be a sexually violent person, both of the following apply:

1. The court shall appoint a competent professional as defined in section 36-3701 to conduct the screening and submit a report to the court and the parties within thirty days after the appointment.

2. The criminal case may not be dismissed until the competent professional’s report is provided to the court and the parties and a hearing is held pursuant to subsection C of this section or the county attorney files a petition pursuant to section 36-3704.

C. If the county attorney has not filed a petition pursuant to section 36-3704, the court may hold a hearing to determine if the county attorney is or will be filing a petition. If the county attorney has filed a petition or advises the court that it is or will be filing a petition, the court shall set a date on which the petition is due and further proceedings will be conducted pursuant to title 36, chapter 37.  If a petition will not be filed, the court shall proceed pursuant to section 13-4517, subsection A, paragraph 1, 2 or 3.