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Rule 11.7. Privilege and Confidentiality

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
III. Rights of Parties
Rule 11. Incompetence and Mental Examinations (Refs & Annos)
16A A.R.S. Rules Crim.Proc., Rule 11.7
Formerly cited as AZ ST RCRP Rule 11.8
Rule 11.7. Privilege and Confidentiality
(a) Generally. Evidence obtained under Rule 11 is not admissible in a proceeding to determine guilt, unless the defendant presents evidence, either directly or through cross-examination, intended to rebut the presumption of sanity.
(b) Privileged Statements of the Defendant.
(1) Concerning the Charged Offense. Unless the defendant consents or the exception in (a) applies, no statement of a defendant obtained under Rule 11, or evidence resulting from such a statement, concerning the factual basis for the charged offense is admissible at the defendant's trial, or at any later proceeding to determine guilt.
(2) Concerning Other Events or Transactions. Unless the defendant consents or the exception in (a) applies, no statement of a defendant obtained under Rule 11, or evidence resulting from such a statement, concerning any other event or transaction is admissible at any later proceeding to determine the defendant's guilt.
(3) In Title 36 Proceedings. Notwithstanding (b)(1) and (b)(2), a statement of the defendant obtained in a Rule 11 matter, or evidence resulting from that statement, may be used by any party in a hearing to determine whether the defendant is eligible for court-ordered treatment under A.R.S. §§ 36-501 et seq., or is a sexually violent person.
(c) Confidentiality of Reports.
(1) Generally. The court and counsel must treat reports of Rule 11 experts as confidential in all respects. They may, however, disclose other expert reports to mental health experts in proceedings related to A.R.S. §§ 13-4501 et seq., § 13-4518, and §§ 36-501 et seq., or as otherwise excluded in A.R.S. §§ 13-4508 and 13-4516.
(2) Sealing. After the defendant is found competent or unable to regain competence, the court must order the mental health experts' reports sealed. By later order, the court may grant access to a report, but only for further competence or sanity evaluations, statistical study, the examined defendant's mitigation investigation, or if necessary to assist in mental health treatment for restoration of competence or under A.R.S. § 13-502.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended Dec. 13, 2017, effective April 2, 2018.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
Former Rule 11.7, relating to privilege, was abrogated effective Jan. 1, 2018. See, now, this rule.
16A A. R. S. Rules Crim. Proc., Rule 11.7, AZ ST RCRP Rule 11.7
The Code of Judicial Administration is current with amendments received through 1/15/20. All other state court rules are current with amendments received through 2/15/20
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