Arizona

Criminal Procedure

Criminal Procedure

Rule 11.6 – Later Hearings

(a)Grounds. The court must hold an additional hearing to determine the defendant’s competence:

(1) upon receiving a report from an authorized official of the institution in which a defendant is treated under Rule 11.5(b)(2) or (b)(3)(A) stating that, in the official’s opinion, the defendant has become competent to stand trial;
(2) upon a defendant’s motion supported by the certificate of a mental health expert stating that, in the expert’s opinion, the defendant is competent to stand trial;
(3) at the expiration of the maximum period set by the court under Rule 11.5(b)(2); or
(4) if the court determines that it is appropriate to do so.
(b)Experts. The court may appoint new mental health experts under Rule 11.3.
(c)Finding of Competence. If the court finds that the defendant is competent, regular proceedings must begin again without delay. The defendant is entitled to repeat any proceeding if there are reasonable grounds to believe the defendant was prejudiced by previous incompetence.
(d)Finding of Continuing Incompetence. If the court finds that the defendant is still incompetent, it must proceed in accordance with Rules 11.5(b)(2) or (3). If the court determines that there is a substantial probability that the defendant will regain competence in the foreseeable future, then the court may renew and may modify the treatment order for no more than an additional 180 days or the time period provided for the defendant’s maximum possible sentence by A.R.S. § 13-4515, whichever is less.
(e)Dismissal of Charges. At any time after providing notice and a hearing under A.R.S. § 13-4515(C), the court may order the dismissal of the charges against a defendant adjudged incompetent. The defendant must be released from custody upon dismissal of the charges unless the court finds that the defendant’s mental condition warrants a civil commitment hearing under A.R.S. §§ 36-501 et seq.

Ariz. R. Crim. P. 11.6

Added August 31, 2017, effective January 1, 2018; amended effective January 1, 2019.

HISTORICAL AND STATUTORY NOTES

Former Rule 11.6, relating to subsequent hearings, was abrogated effective January 1, 2018.