Arizona Laws 36-4002. Biannual examination of committed persons; report; records access; attorney withdrawal
A. The psychiatrist, psychologist or other competent professional of the secure state mental health facility shall biannually examine each person who is committed pursuant to section 13-4521. The person who conducts the biannual examination shall submit the examination report to the court, the state and the committed defendant. The biannual report shall state the treatment and education that the committed defendant has received, a prognosis for the committed defendant’s restoration to competency and whether the committed defendant remains dangerous.
Terms Used In Arizona Laws 36-4002
- Attorney for the state: means the county attorney in the county where the committed defendant was found to be a committed defendant, or the attorney general, who represents this state at any proceedings held pursuant to this chapter. See Arizona Laws 36-4001
- Biannually: means twice per year. See Arizona Laws 36-4001
- Competent professional: means a person who is:
(a) Familiar with this state's criminal and involuntary commitment statutes and standards that are available in this state for persons with a mental illness, defect or disability. See Arizona Laws 36-4001
- Dangerous: means that, as a result of a mental illness, defect or disability, a person's continued behavior can reasonably be expected, on the basis of a mental health expert's opinion, to result in serious physical harm or death to another person. See Arizona Laws 36-4001
- 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.
- Less restrictive alternative: means court-ordered treatment in a setting that is less restrictive than total confinement. See Arizona Laws 36-4001
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Secure state mental health facility: means a secure behavioral health residential facility that is licensed pursuant to Section 36-425. See Arizona Laws 36-4001
- 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 psychiatrist, psychologist or other competent professional submits a report indicating that the committed defendant is competent to stand trial or is no longer dangerous, the court shall hold a hearing to determine whether the committed defendant is competent or is no longer dangerous.
C. If the psychiatrist, psychologist or other competent professional submits a report that the committed defendant is no longer dangerous in whole or in part because of medication that the committed defendant is taking, the report shall state whether the committed defendant will continue to take that medication if released to a less restrictive alternative and would comply with all other conditions of a less restrictive alternative.
D. The court shall hold the hearing within forty-five days after receiving the report. The court may continue the hearing on the request of either party and a showing of good cause or on its own motion if the committed defendant will not be substantially prejudiced. Either party may request that the committed defendant be examined by the party’s own competent professional. The attorney for the state has the burden of proving by clear and convincing evidence that the committed defendant’s mental illness, defect or disability has not changed and that the committed defendant remains dangerous and that the committed defendant is incompetent to stand trial.
E. A retained or appointed competent professional shall have access to all records concerning the committed defendant. All competent professionals shall have equal access to the committed defendant as well as all records concerning the committed defendant.
F. This section does not preclude the committed defendant from petitioning the court for conditional release to a less restrictive alternative or discharge from treatment pursuant to section 36-4004, subsection C.
G. If the committed defendant’s attorney withdraws from representing the committed defendant at any time during the committed defendant’s commitment, the court shall notify the attorney for the state and the committed defendant and either allow the committed defendant sufficient time to employ another attorney or, if the committed defendant is indigent, appoint an attorney to represent the committed defendant in connection with proceedings under this article.