Arizona

Criminal Procedure

Form 15(c) – Notice of Appointment of Mental Health Expert-Competency

________________________________ COURT

______________________ County, Arizona

STATE OF ARIZONA Plaintiff

[CASE/COMPLAINT NO.]

NOTICE OF

-vs-

APPOINTMENT OF

MENTAL HEALTH

EXPERT

Defendant (FIRST, MI, LAST)

(COMPETENCY)

The Court, having granted the motion for competency examination pursuant to Rule 11.2, Rules of Criminal Procedure, and the defendant having been charged with:

IT IS HEREBY ORDERED

appointing

__________________________________________________

and

as mental health experts, to prepare and send to the Court a written report of the experts’ opinions and findings as to the defendant’s competency to stand trial (i.e. the defendant’s ability to understand the nature of the proceedings and to assist counsel in the preparation of the defense.) If a mental health expert finds the Defendant is incompetent to stand trial at this time, an opinion shall also be rendered as to:

(A)

The mental disease, defect or disability which is the cause of the Defendant’s incompetency;

(B)

Whether there is a substantial probability the Defendant will become competent within a reasonable period of time;

(C)

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

(D)

The defendant’s prognosis; and

(E)

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

IT IS FURTHER ORDERED that the report name each mental health expert who examines the defendant; that it describe the nature, content, extent and results of the examination and any test conducted; and that it include the facts on which the findings are based.

IT IS FURTHER ORDERED

that if the defendant is not in custody, defense counsel is to contact the experts at [names and phone numbers] within two (2) working days of this order to schedule a time for the defendant’s examination and use due diligence to secure the defendant’s attendance at the examination.

IT IS FURTHER ORDERED

that the prosecutor and defense counsel provide to the experts at [addresses] the motion to have defendant’s mental condition examined, copies of police reports, previous mental health reports and any other appropriate material for the examination.

IT IS FURTHER ORDERED

that payment of the cost of the examination of the defendant is the responsibility of the pursuant to ARS ยง 13-4505.

IT IS FURTHER ORDERED that a competency hearing will be held in __________ court on the ___ day of __________, 20 ___ at __________ a.m./p.m.

IT IS FURTHER ORDERED that the experts will submit the written reports at least 10 days prior to the competency hearing date to __________ which will seal the originals and provide copies to defense counsel. Defense counsel shall provide redacted copies of the reports to the court and the prosecutor’s office within 24 hours of receipt.

Signature of Judicial Officer

Date

Form 15(c)

Added Sept. 5, 2007, effective January 1, 2008.