§ 13-4001 — Transferring jurisdiction of a person from the psychiatric security review board to superior court; procedures

A. If the board orders a person to be transferred to the superior court pursuant to section 13-3994, the person's case shall be transferred to the committing court for suspension or imposition of sentence and a judicial review of the transfer, or both.

B. Within twenty days after the board orders a person's transfer to the superior court, the person may request a judicial review. A petition for judicial review shall be filed with the committing court and served on the board, the secure mental health facility and the state.

C. At the judicial review hearing, the treatment supervisor has the burden to prove by clear and convincing evidence that the transfer is appropriate. The issues of the review are limited to the following:

1. Whether the person needs ongoing treatment for a mental disease or defect.

2. Whether the person is dangerous to self or others.

3. Whether the person's offense is eligible for commitment to the state department of corrections.

D. If the court finds the transfer is appropriate, the court shall suspend the person's sentence and place the person on supervised probation for the remainder of the commitment term or impose the sentence and order the person to be imprisoned in the state department of corrections for the remainder of the commitment term.

E. All time spent under the board's jurisdiction and any time spent incarcerated shall be credited against any sentence imposed.

F. If the court finds the transfer is not supported by the evidence, the court shall transfer jurisdiction over the person back to the board pursuant to section 13-3994.

G. At the time of sentencing or placement on probation, the court shall notify the person in writing of the person's appeal rights under rule 31, Arizona rules of criminal procedure.