Rule 11.6. Later Hearings
Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: January 1, 2024
Effective: January 1, 2024
16A A.R.S. Rules Crim.Proc., Rule 11.6
Rule 11.6. Later Hearings
(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 proceeds under Rule 11.5(b)(2) and 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. or involuntary commitment proceedings under A.R.S. § 13-4521.
Credits
Added Aug. 31, 2017, effective Jan. 1, 2018. Amended Aug. 28, 2018, effective Jan. 1, 2019; Aug. 24, 2023, effective Jan. 1, 2024.
16A A. R. S. Rules Crim. Proc., Rule 11.6, AZ ST RCRP Rule 11.6
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
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