§ 13-4509 — Expert's report

Arizona § 13-4509

• Jurisdiction: Arizona
• Title 13: Arizona Revised Statutes
• Ch. 41: INCOMPETENCE TO STAND TRIAL

Text

A. An expert who is appointed pursuant to section 13-4505 shall submit a written report of the examination to the court within ten working days after the examination is completed. The report shall include at least the following information:

1. The name of each mental health expert who examines the defendant.

2. A description of the nature, content, extent and results of the examination and any test conducted.

3. The facts on which the findings are based.

4. An opinion as to the competency of the defendant.

B. If the mental health expert determines that the defendant is incompetent to stand trial, the report shall also include the following information:

1. The nature of the mental disease, defect or disability that is the cause of the incompetency.

2. The defendant's prognosis.

3. If requested by the state, whether the defendant should be considered dangerous and the nature of the mental illness, disease or defect that makes the defendant likely to be dangerous.

4. The most appropriate form and place of treatment in this state, based on the defendant's therapeutic needs and potential threat to public safety.

5. Whether the defendant is incompetent to refuse treatment and should be subject to involuntary treatment.

6. Whether the defendant has a history of any dangerous conduct.

C. If the mental health examiner determines that the defendant is currently competent by virtue of ongoing treatment with psychotropic medication, the court, in its discretion, may appoint a mental health expert who is a physician to address the necessity of continuing that treatment and any limitations that the medication may have on competency.

D. A mental health expert who is appointed pursuant to section 13-4521 shall submit a written report of the examination to the court within ten working days after the examination is completed. The report shall include at least the following information:

1. The name of each mental health expert who examined the defendant.

2. A description of the nature, content, extent and results of the examination and any test conducted.

3. The facts on which the findings are based.

4. An opinion as to whether the defendant should be considered dangerous, including the nature of the mental illness, disease or defect that makes the defendant likely to be dangerous and the defendant's prognosis.

5. The most appropriate form and place of treatment in this state, based on the defendant's therapeutic needs and potential threat to public safety.