Arizona Laws 8-291.08. Competency hearings; restoration orders
A. Within thirty days after a report is filed pursuant to Section 8-291.07, the court shall hold a hearing to determine if a juvenile is competent to stand trial. The parties may introduce other evidence regarding the juvenile’s mental condition or may submit the matter by written stipulation on the mental health expert‘s report or reports.
Terms Used In Arizona Laws 8-291.08
- 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Incompetent: means a juvenile who does not have sufficient present ability to consult with the juvenile's lawyer with a reasonable degree of rational understanding or who does not have a rational and factual understanding of the proceedings against the juvenile. See Arizona Laws 8-291
- Juvenile: means a person who is under eighteen years of age at the time the issue of competency is raised. See Arizona Laws 8-291
- 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 8-291
- 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 juvenile is competent to stand trial, the proceedings shall continue without delay.
C. If the court initially finds that the juvenile is incompetent but may be restored to competency, the court shall order that the juvenile undergo an attempt at restoration to competency.
D. If the court initially finds that the juvenile is incompetent and there is not a substantial probability that the juvenile will be restored to competency within two hundred forty days, the court shall dismiss the matter with prejudice and shall initiate civil commitment proceedings, if appropriate. The court may appoint a guardian ad litem to proceed with a dependency investigation.
E. All restoration orders that are issued by the court shall specify the following:
1. The name of the restoration program provider and the location of the program.
2. Transportation to the program site.
3. The length of the restoration program.
4. Transportation after the program ends.
5. The frequency of reports.