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Rule 11.8. Examination of a Defendant's Mental Status at the Time of the Offense

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 11.8
Rule 11.8. Examination of a Defendant's 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. § 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.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
Former Rule 11.8, relating to records, was abrogated effective Jan. 1, 2018. See, now, AZ ST RCRP Rule 11.7.
16A A. R. S. Rules Crim. Proc., Rule 11.8, AZ ST RCRP Rule 11.8
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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