Rule 11.7. Privilege and Confidentiality
Arizona Revised Statutes AnnotatedRules of Criminal Procedure
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
(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.
(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.
16A A. R. S. Rules Crim. Proc., Rule 11.7, AZ ST RCRP Rule 11.7
State Court Rules are current with amendments received and effective through March 15, 2023. The Code of Judicial Administration is current with amendments received through March 15, 2023.
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