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

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
IX. Miscellaneous
Rule 41. Forms
Forms
16A A.R.S. Rules Crim.Proc., Form 15(c)
Form 15(c). Notice of Appointment of Mental Health Expert-Competency
Currentness
________________________________ 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 § 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)

Credits

Added Sept. 5, 2007, effective Jan. 1, 2008.
16A A. R. S. Rules Crim. Proc., Form 15(c), AZ ST RCRP Form 15(c)
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
End of Document