Arizona

Criminal Procedure

Criminal Procedure

Rule 11.8 – Examination of a Defendants Mental Status at the Time of the Offense

(a)Applicability. At any time after an information is filed or an indictment is returned in superior court or a misdemeanor complaint is filed, an examination under this rule may be requested separately from, or in addition to, an examination under Rule 11.2.
(b)Screening Report. On its own or on motion of the defendant or the State with the defendant’s consent, the court may order an initial screening report to preliminarily investigate the defendant’s mental status at the time of the offense.
(c)If the Guilty Except Insane Defense Is Raised. If the defendant raises a defense under A.R.S. ยง 13-502 and a reasonable basis exists to support the defense, the court may, on its own or on motion of the defendant or the State, order that an appointed mental health expert provide a screening report. Either the screening report under (b) or the examination under (c) must include the following:

(1) the defendant’s mental status at the time of the offense; and
(2) if the expert determines that the defendant suffered from a mental disease, defect, or disability at the time of the offense, the relationship of the disease, defect, or disability to the alleged offense.
(d)Required Records. No later than 3 days after the appointment of experts, the parties must provide the examining mental health expert with all of the defendant’s available medical and criminal history records. No later than 10 business days after the expert’s appointment, the parties must provide the appointed expert with any additional medical or criminal history records requested by the court or the appointed expert.

Ariz. R. Crim. P. 11.8

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 11.8, relating to records, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 11.7.