reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4413 - Notice of prisoner's status

13-4413.
Notice of prisoner's status
A. If the victim has made a request for post-conviction notice,  the director of the state department of corrections shall mail to the victim the following information about a prisoner in the custody of the department of corrections:
1. Within thirty days after the request,  notice of the earliest release date of the prisoner if his sentence exceeds six months.
2. At least fifteen days before the prisoner's release,  notice of the release.
3. Within fifteen days after the prisoner's death,  notice of the death.
B. If the victim has made a request for post-conviction notice,  the sheriff having custody of the prisoner shall mail to the victim notice of release at least fifteen days before the prisoner's release or notice of death within fifteen days after the prisoner's death.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4414 - Notice of postconviction release; right to be heard; hearing; final decision; free electronic recording

13-4414.
Notice of postconviction release;  right to be heard;  hearing;  final decision;  free electronic recording
A. The victim has the right to be present and be heard at any proceeding in which postconviction release from confinement is being considered pursuant to section 31-233,  31-411 or 41-1604.13.
B. If the victim has made a request for postconviction notice,  the board of executive clemency shall,  at least fifteen days before the hearing,  give to the victim written notice of the hearing and of the victim's right to be present and be heard at the hearing.
C. If the victim has made a request for postconviction notice,  the board of executive clemency shall give to the victim notice of the decision reached by the board. The notice shall be mailed within fifteen days after the board reaches its decision.
D. Any electronic recordings that are made during a postconviction release hearing shall be provided,  on request,  to the victim free of charge.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4415 - Notice of probation modification, termination or revocation disposition matters; notice of arrest

13-4415.
Notice of probation modification,  termination or revocation disposition matters;  notice of arrest
A. On request of a victim who has provided an address or other contact information,  the court or,  if the case is in the superior court,  the probation department shall notify the victim of any of the following:
1. A probation revocation disposition proceeding or any proceeding in which the court is asked to terminate the probation or intensive probation of a person who is convicted of committing a criminal offense against the victim.
2. Any hearing on a proposed modification of the terms of probation or intensive probation.
3. The arrest of a person who is on supervised probation and who is arrested pursuant to a warrant issued for a probation violation.
B. On request of a victim who has provided a current address or other current contact information,  the court,  or if the case is in the superior court,  the probation department shall notify the victim of the following:
1. Any proposed modification to any term of probation if the modification affects restitution or incarceration status or the defendant's contact with or the safety of the victim.
2. The victim's right to be heard at a hearing that is set to consider any modification to be made to any term of probation.
3. Any violation of any term of probation that results in the filing with the court of a petition to revoke probation.
4. That a petition to revoke probation alleging that the defendant absconded from probation has been filed with the court.
5. Any conduct by the defendant that raises a substantial concern for the victim's safety.
C. If a victim has requested postconviction notice,  the court or,  if the case is in the superior court,  the probation department shall provide notice of that request to the state department of corrections and the board of executive clemency if a defendant's probation is revoked and the defendant is committed to the custody of the state department of corrections.
D. On the request of a victim,  the state department of corrections shall provide the victim with the notices that are required by sections 13-4412 and 13-4413.
E. On the request of the victim,  the board of executive clemency shall provide the victim with the notice that is required by section 13-4414.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4416 - Notice of release, discharge or escape from a mental health treatment agency

13-4416.
Notice of release,  discharge or escape from a mental health treatment agency
A. If the victim has made a request for notice,  a mental health treatment agency shall mail to the victim at least ten days before the release or discharge of the person accused or convicted of committing a criminal offense against the victim,  notice of the release or discharge of the person who is placed by court order in a mental health treatment agency pursuant to section 13-3992,  31-226,  31-226.01,  36-540.01,  36-541.01 or 36-3707.
B. A mental health treatment agency shall mail to the victim immediately after the escape or subsequent readmission of the person accused or convicted of committing a criminal offense against the victim,  notice of the escape or subsequent readmission of the person who is placed by court order in a mental health treatment agency pursuant to section 13-3992,  31-226,  31-226.01,  36-540.01,  36-541.01 or 36-3707.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4417 - Request for notice; forms; notice system

13-4417.
Request for notice;  forms;  notice system
A. The victim shall provide to and maintain with the agency that is responsible for providing notice to the victim a request for notice on a form that is provided by that agency or the investigating law enforcement agency. The form shall include a telephone number and address. If the victim fails to keep the victim's telephone number and address current,  the victim's request for notice is withdrawn. At any time the victim may request notice of subsequent proceedings by filing on a request form provided by the agency the victim's current telephone number and address.
B. All notices provided to a victim pursuant to this chapter shall be on forms developed or reviewed by the attorney general.
C. The court and all agencies that are responsible for providing notice to the victim shall establish and maintain a system for the receipt of victim requests for notice.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4419 - Victim conference with prosecuting attorney

13-4419.
Victim conference with prosecuting attorney
A. On request of the victim,  the prosecuting attorney shall confer with the victim about the disposition of a criminal offense,  including the victim's views about a decision not to proceed with a criminal prosecution,  dismissal,  plea or sentence negotiations and pretrial diversion programs.
B. On request of the victim,  the prosecuting attorney shall confer with the victim before the commencement of the trial.
C. The right of the victim to confer with the prosecuting attorney does not include the authority to direct the prosecution of the case.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4423 - Plea negotiation proceedings

13-4423.
Plea negotiation proceedings
A. On request of the victim,  the victim has the right to be present and be heard at any proceeding in which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court.
B. The court shall not accept a plea agreement unless:
1. The prosecuting attorney advises the court that before requesting the negotiated plea reasonable efforts were made to confer with the victim pursuant to section 13-4419.
2. Reasonable efforts are made to give the victim notice of the plea proceeding pursuant to section 13-4409 and to inform the victim that the victim has the right to be present and,  if present,  to be heard.
3. The prosecuting attorney advises the court that to the best of the prosecutor's knowledge notice requirements of this chapter have been complied with and the prosecutor informs the court of the victim's position,  if known,  regarding the negotiated plea.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4424 - Impact statement; presentence report

13-4424.
Impact statement;  presentence report
A. The victim may submit a written impact statement or make an oral impact statement to the probation officer for the officer's use in preparing a presentence report.
B. The probation officer shall consider the economic,  physical and psychological impact that the criminal offense has had on the victim and the victim's immediate family pursuant to section 12-253.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4425 - Inspection of presentence report

13-4425.
Inspection of presentence report
If the presentence report is available to the defendant,  the court shall permit the victim to inspect the presentence report,  except those parts excised by the court or made confidential by law. If the probation department excises any portion of the presentence report,  it shall inform the parties and the victim of its decision and shall state on the record its reasons for the excision. On request of the victim,  the prosecutor's office shall provide to the victim a copy of the presentence report.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4426 - Sentencing

13-4426.
Sentencing
A. The victim may present evidence,  information and opinions that concern the criminal offense,  the defendant,  the sentence or the need for restitution at any aggravation,  mitigation,  presentencing or sentencing proceeding.
B. At any disposition proceeding the victim has the right to be present and to address the court.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4426.01 - Sentencing; victims' right to be heard

13-4426.01.
Sentencing;  victims' right to be heard
In any proceeding in which the victim has the right to be heard pursuant to article II,  section 2.1,  Constitution of Arizona,  or this chapter,  the victim's right to be heard is exercised not as a witness,  the victim's statement is not subject to disclosure to the state or the defendant or submission to the court and the victim is not subject to cross-examination. The state and the defense shall be afforded the opportunity to explain,  support or deny the victim's statement.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4427 - Probation modification, revocation disposition or termination proceedings

13-4427.
Probation modification,  revocation disposition or termination proceedings
A. The victim has the right to be present and be heard at any probation revocation disposition proceeding or any proceeding in which the court is requested to terminate the probation or intensive probation of a person who is convicted of committing a criminal offense against the victim.
B. The victim has the right to be heard at any proceeding in which the court is requested to modify the terms of probation or intensive probation of a person if the modification will substantially affect the person's contact with or safety of the victim or if the modification involves restitution or incarceration status.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4428 - Victim's discretion; form of statement

13-4428.
Victim's discretion;  form of statement
A. It is at the victim's discretion to exercise the victim's rights under this chapter to be present and heard at a court proceeding,  and the absence of the victim at the court proceeding does not preclude the court from going forth with the proceeding.
B. Except as provided in subsection C of this section,  a victim's right to be heard may be exercised,  at the victim's discretion,  through an oral statement,  submission of a written statement or submission of a statement through audiotape or videotape or any other video or digital media that is available to the court.
C. If a person against whom a criminal offense has been committed is in custody for an offense,  the person may be heard by submitting a written statement to the court.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4429 - Return of victim's property; release of evidence

13-4429.
Return of victim's property;  release of evidence
A. On request of the victim and after consultation with the prosecuting attorney,  the law enforcement agency responsible for investigating the criminal offense shall return to the victim any property belonging to the victim that was taken during the course of the investigation or shall inform the victim of the reasons why the property will not be returned. The law enforcement agency shall make reasonable efforts to return the property to the victim as soon as possible.
B. If the victim's property has been admitted as evidence during a trial or hearing,  the court may order its release to the victim if a photograph can be substituted. If evidence is released pursuant to this subsection,  the defendant's attorney or investigator may inspect and independently photograph the evidence before it is released.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4430 - Consultation between crime victim advocate and victim; privileged information; exception

13-4430.
Consultation between crime victim advocate and victim;  privileged information;  exception
A. A crime victim advocate shall not disclose as a witness or otherwise any communication made by or with the victim,  including any communication made to or in the presence of others,  unless the victim consents in writing to the disclosure.
B. Unless the victim consents in writing to the disclosure,  a crime victim advocate shall not disclose records,  notes,  documents,  correspondence,  reports or memoranda that contain opinions,  theories or other information made while advising,  counseling or assisting the victim or that are based on communications made by or with the victim,  including communications made to or in the presence of others.
C. The communication is not privileged if the crime victim advocate knows that the victim will give or has given perjured testimony or if the communication contains exculpatory evidence.
D. A defendant may make a motion for disclosure of privileged information. If the court finds there is reasonable cause to believe the material is exculpatory,  the court shall hold a hearing in camera. Material that the court finds is exculpatory shall be disclosed to the defendant.
E. If,  with the written or verbal consent of the victim,  the crime victim advocate discloses to the prosecutor or a law enforcement agency any communication between the victim and the crime victim advocate or any records,  notes,  documents,  correspondence,  reports or memoranda,  the prosecutor or law enforcement agent shall disclose such material to the defendant's attorney only if such information is otherwise exculpatory.
F. Notwithstanding subsections A and B,  if a crime victim consents either verbally or in writing,  a crime victim advocate may disclose information to other professionals and administrative support persons that the advocate works with for the purpose of assisting the advocate in providing services to the victim and to the court in furtherance of any victim's right pursuant to this chapter.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4431 - Minimizing victim's contacts

13-4431.
Minimizing victim's contacts
Before,  during and immediately after any court proceeding,  the court shall provide appropriate safeguards to minimize the contact that occurs between the victim,  the victim's immediate family and the victim's witnesses and the defendant,  the defendant's immediate family and defense witnesses.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4432 - Motion to revoke bond or personal recognizance

13-4432.
Motion to revoke bond or personal recognizance
If the prosecutor decides not to move to revoke the bond or personal recognizance of the defendant,  the prosecutor shall inform the victim that the victim may petition the court to revoke the bond or personal recognizance of the defendant based on the victim's notarized statement asserting that harassment,  threats,  physical violence or intimidation against the victim or the victim's immediate family by the defendant or on behalf of the defendant has occurred.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4434 - Victim's right to privacy; exception; definitions

13-4434.
Victim's right to privacy;  exception;  definitions
A. The victim has the right at any court proceeding not to testify regarding any identifying or locating information unless the victim consents or the court orders disclosure on finding that a compelling need for the information exists. A court proceeding on the motion shall be in camera.
B. A victim's identifying and locating information that is obtained,  compiled or reported by a law enforcement agency or prosecution agency shall be redacted by the originating agency and prosecution agencies from records pertaining to the criminal case involving the victim,  including discovery disclosed to the defendant,  the defendant's attorney or any of the attorney's staff.
C. Subsection B of this section does not apply to:
1. The victim's name except,  if the victim is a minor,  the victim's name may be redacted from public records pertaining to the crime if the countervailing interests of confidentiality,  privacy,  the rights of the minor or the best interests of this state outweigh the public interest in disclosure.
2. Any records that are transmitted between law enforcement and prosecution agencies or a court.
3. Any records if the victim or,  if the victim is a minor,  the victim's representative as designated under section 13-4403 has consented to the release of the information.
4. The general location at which the reported crime occurred.
5. The victim's address,  if the victim's address appears in any body-worn camera footage,  photographs or other visual or audio depictions and there is evidence that the defendant knows the victim's address because of a relationship set forth in section 13-3601,  subsection A.
D. Notwithstanding subsections A and B of this section,  a court may order the victim's identifying and locating information to be disclosed in a specific case if it is necessary to protect the defendant's constitutional rights or when the information is not reasonably able to be redacted because of undue burden or expense. Before the court discloses the information,  the victim must be notified and has the right to be heard by the court. If the disclosure is made to the defendant's attorney,  the defendant's attorney may not disclose the information to any person other than the attorney's staff and a designated investigator. The defendant's attorney may not provide the disclosed information to the defendant without specific authorization from the court.
E. For the purposes of this section:
1. " Identifying information"  includes a victim's date of birth,  social security number and official state or government issued driver license or identification number.
2. " Locating information"  includes the victim's address,  telephone number,  email address and place of employment.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4435 - Speedy trial; continuance; notice

13-4435.
Speedy trial;  continuance;  notice
A. In any criminal proceeding,  the court,  prosecutor and law enforcement officials shall take appropriate action to ensure a speedy trial for the victim.
B. The prosecutor shall make reasonable efforts to notify a victim of any request for a continuance,  except that if the victim is represented by counsel who has filed a notice of appearance,  the court,  if the request for a continuance is in writing,  shall make reasonable efforts to notify the victim's counsel in the same manner in which a party is notified.
C. A motion to continue shall be in writing unless the court makes a finding on the record that exigent circumstances exist to permit an oral motion.
D. The court shall grant a continuance only if extraordinary circumstances exist and the delay is indispensable to the interests of justice. A continuance may be granted only for the time necessary to serve the interests of justice.
E. Subsections B,  C and D do not apply to justice of the peace and municipal courts.
F. Before ruling on a motion for a continuance,  the court shall consider the victim's views and the victim's right to a speedy trial. If a continuance is granted,  the court shall state on the record the specific reason for the continuance.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4436 - Effect of failure to comply

13-4436.
Effect of failure to comply
A. The failure to comply with a victim's constitutional or statutory right is a ground for the victim to request a reexamination proceeding within ten days of the proceeding at which the victim s right was denied or with leave of the court for good cause shown. After the victim requests a reexamination proceeding and after the court gives reasonable notice,  the court shall afford the victim a reexamination proceeding to consider the issues raised by the denial of the victim's right. Except as provided in subsection B,  the court shall reconsider any decision that arises from a proceeding in which the victim's right was not protected and shall ensure that the victim's rights are thereafter protected.
B. The failure to use reasonable efforts to perform a duty or provide a right is not cause to seek to set aside a conviction after trial. Failure to afford a right under this chapter shall not provide grounds for a new trial. A victim who was given notice of a plea or sentencing proceeding may make a motion to reopen a plea or sentence only if the victim was not voluntarily absent from the proceeding and has asserted the right to be heard before or during the proceeding at issue and the right to be heard was denied and,  in the case of a plea,  the accused has not pled to the highest offense charged. This subsection does not affect the victim s right to restitution,  which the victim may seek to enforce at any time.
C. Unless the prisoner is discharged from the prisoner's sentence,  the failure to use reasonable efforts to provide notice and a right to be present or be heard pursuant to this chapter at a proceeding that involves a post-conviction release is a ground for the victim to seek to set aside the post-conviction release until the victim is afforded the opportunity to be present or be heard.
D. If the victim seeks to have a post-conviction release set aside pursuant to subsection C,  the court,  board of executive clemency or state department of corrections shall afford the victim a reexamination proceeding after the parties are given notice.
E. A reexamination proceeding conducted pursuant to this section or any other proceeding that is based on the failure to perform a duty or provide a right shall commence not more than thirty days after the appropriate parties have been given notice that the victim is exercising the right to a reexamination proceeding pursuant to this section or to another proceeding based on the failure to perform a duty or provide a right.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4437 - Standing to invoke rights; recovery of damages; right to counsel

13-4437.
Standing to invoke rights;  recovery of damages;  right to counsel
A. The rights enumerated in the victims' bill of rights,  article II,  section 2.1,  Constitution of Arizona,  any implementing legislation or court rules belong to the victim. The victim has standing to seek an order,  to bring a special action or to file a notice of appearance in a trial court or an appellate proceeding,  seeking to enforce any right or to challenge an order denying any right guaranteed to victims. A victim may not be charged a filing fee to file a special action or to seek an order pursuant to this subsection. In asserting any right,  the victim has the right to be represented by personal counsel at the victim's expense and the proceedings may be initiated by the victim's counsel or the prosecutor.
B. A victim has the right to recover damages from a governmental entity responsible for the intentional,  knowing or grossly negligent violation of the victim's rights under the victims' bill of rights,  article II,  section 2.1,  Constitution of Arizona,  any implementing legislation or court rules. Nothing in this section alters or abrogates any provision for immunity provided for under common law or statute.
C. At the request of the victim,  the prosecutor may assert any right to which the victim is entitled.
D. On the filing of a notice of appearance,  counsel for the victim shall be endorsed on all pleadings and,  if present,  be included in all bench conferences and in chambers meetings and sessions with the trial court that directly involve a victim's right enumerated in article II,  section 2.1,  Constitution of Arizona.
E. Notwithstanding any other law and without limiting any rights and powers of the victim,  the victim has the right to present evidence or information and to make an argument to the court,  personally or through counsel,  at any proceeding to determine the amount of restitution pursuant to section 13-804.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4438 - Statement of rights

13-4438.
Statement of rights
In order to assure that any victim who comes before the court has been advised of the victim's constitutional rights,  the following statement shall be prominently posted in each superior,  justice of the peace and municipal court in this state and shall be read out loud by a judge of the superior court at the daily commencement of the regular criminal docket at which accused persons are arraigned,  appear for a status conference,  make a change of plea or are sentenced:
If you are the victim of a crime with a case pending before this court,  you are advised that you have rights to justice and due process under Arizona law that,  among others,  include the right to be treated with fairness,  respect and dignity,  to a speedy trial and a prompt and final conclusion of the case,  to be present at court proceedings,  to choose whether or not to be interviewed by the defendant or the defendant's attorney,  to be heard before the court makes a decision on release,  negotiation of a plea,  scheduling and sentencing and to receive restitution from a person who is convicted of causing your loss. If you have not already been provided with a written statement of all victims' rights,  please contact the victim services division of the prosecutor's office.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4440 - Notice of petition of factual innocence; right to be heard; hearing

13-4440.
Notice of petition of factual innocence;  right to be heard;  hearing
A. The victim has the right to be present and be heard at any proceeding in which a person's factual innocence is being considered pursuant to section 12-771.
B. The prosecuting agency shall provide written notice of the following to the victim:
1. The date,  time and location of the hearing.
2. The victim's right to be present and be heard at the hearing.
C. If the court makes a determination of factual innocence pursuant to section 12-771,  the prosecuting agency shall provide the victim with a copy of the court order within fifteen days after the order is entered.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4441 - Right to be heard on a petition to restore the right to possess a firearm; notice

13-4441.
Right to be heard on a petition to restore the right to possess a firearm;  notice
A. A victim has the right to be present and be heard at any proceeding in which the defendant has filed a petition pursuant to section 13-925 to restore the defendant's right to possess a firearm.
B. If the victim has made a request for postconviction notice,  the attorney for the state shall provide notice to the victim at least five days before the hearing.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4442 - Use of a facility dog in court proceedings; definition

13-4442.
Use of a facility dog in court proceedings;  definition
A. The court shall allow a victim who is under eighteen years of age to have a facility dog,  if available,  accompany the victim while testifying in court. A party seeking the use of a facility dog must file a notice with the court that includes the certification of the facility dog,  the name of the person or entity who certified the dog and evidence that the facility dog is insured.
B. The court may allow a victim who is eighteen years of age or more or a witness to use a facility dog.
C. To ensure that the presence of a facility dog assisting a victim or a witness does not influence the jury or is not a reflection on the truthfulness of any testimony that is offered by the victim or witness,  the court shall instruct the jury on the role of the facility dog and that the facility dog is a trained animal.
D. For the purposes of this section,  " facility dog"  means a dog that is a graduate of an assistance dog organization that is a member of an organization or entity whose main purpose is to improve the areas of training,  placement and utilization of assistance dogs,  staff and volunteer education and to establish and promote standards of excellence in all areas of assistance dog acquisition,  training and partnership.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4443 - Notice of available civil remedies

13-4443.
Notice of available civil remedies
To preserve and protect the rights of crime victims to justice,  due process and other rights established for victims,  it is the policy of this state that,  following the final disposition of any criminal proceeding,  the court may notify the victim that civil remedies may be available pursuant to section 12-514,  if applicable.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4501 - Definitions

13-4501.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Clinical liaison"  means a mental health expert or any other individual who has experience and training in mental health or developmental disabilities and who is qualified and appointed by the court to aid in coordinating the treatment or training of individuals who are found incompetent to stand trial. If intellectual disability is an issue,  the clinical liaison shall be an expert in intellectual disabilities.
2. " Dangerous"  means that,  as a result of a mental illness,  defect or disability,  a person's continued behavior can reasonably be expected,  on the basis of a mental health expert's opinion,  to result in serious physical harm or death to another person.
3. " Incompetent to stand trial"  means that as a result of a mental illness,  defect or disability a defendant is unable to understand the nature and object of the proceeding or to assist in the defendant's defense. In the case of a person under eighteen years of age when the issue of competency is raised,  incompetent to stand trial also means a person who does not have sufficient present ability to consult with the person's lawyer with a reasonable degree of rational understanding or who does not have a rational and factual understanding of the proceedings against the person. The presence of a mental illness,  defect or disability alone is not grounds for finding a defendant incompetent to stand trial.
4. " Mental health expert"  means a physician who is licensed pursuant to title 32,  chapter 13 or 17 or a psychologist who is licensed pursuant to title 32,  chapter 19.1 and who is:
(a) Familiar with this state's competency standards and statutes and criminal and involuntary commitment statutes.
(b) Familiar with the treatment,  training and restoration programs that are available in this state.
(c) Certified by the court as meeting court developed guidelines using recognized programs or standards.
5. " Mental illness,  defect or disability"  means a psychiatric or neurological disorder that is evidenced by behavioral or emotional symptoms,  including congenital mental conditions,  conditions resulting from injury or disease and developmental disabilities as defined in section 36-551.
6. " Secure state mental health facility"  means a secure behavioral health residential facility that is licensed pursuant to section 36-425.06.
7. " Threat to public safety"  means charged with the commission of any of the following:
(a) A crime involving the discharge,  use or threatening exhibition of a deadly weapon or dangerous instrument or the infliction of physical injury on another person.
(b) A dangerous crime against children pursuant to section 13-705.
(c) Two or more nondangerous felonies within a period of twenty-four months.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4502 - Effect of incompetency

13-4502.
Effect of incompetency
A. A person shall not be tried,  convicted,  sentenced or punished for an offense if the court determines that the person is incompetent to stand trial.
B. The prosecutor or defense attorney may file any pretrial motion at any time while the defendant is incompetent to stand trial. The court shall hear and decide any issue presented by the motion if the defendant's presence is not essential for a fair hearing as determined by the court.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4503 - Request for competency examination; jurisdiction over competency hearings; referral

13-4503.
Request for competency examination;  jurisdiction over competency hearings;  referral
A. At any time after the prosecutor charges a criminal offense by complaint,  information or indictment,  any party or the court on its own motion may request in writing that the defendant be examined to determine the defendant's competency to stand trial,  to enter a plea or to assist the defendant's attorney. The motion shall state the facts on which the mental examination is sought.
B. The court may request that a mental health expert assist the court in determining if reasonable grounds exist for examining a defendant.
C. Except as provided in subsection D of this section,  after any court determines that reasonable grounds exist for further competency proceedings,  the superior court shall have exclusive jurisdiction over all competency hearings.
D. The presiding judge of the superior court in each county,  with the agreement of the justice of the peace or municipal court judge,  may authorize a justice court or municipal court to exercise jurisdiction over a competency hearing in a misdemeanor case that arises out of the justice court or municipal court.
E. A justice of the peace or municipal court judge,  with the approval of the presiding judge of the superior court and the justice or judge of the receiving court,  may refer a competency hearing to another justice court or municipal court that is located in the county.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4504 - Dismissal of misdemeanor charges; notice

13-4504.
Dismissal of misdemeanor charges;  notice
A. Notwithstanding any law to the contrary,  if the court finds that a person has been previously adjudicated incompetent to stand trial pursuant to this chapter,  the court may hold a hearing to dismiss any misdemeanor charge against the incompetent person. The court shall give ten days' notice to the prosecutor and the defendant of this hearing. On receipt of the notice,  the prosecutor shall notify the victim of the hearing.
B. If a misdemeanor charge is dismissed pursuant to this section,  the court may order the prosecutor to initiate civil commitment or guardianship proceedings.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4505 - Appointment of experts; costs

13-4505.
Appointment of experts;  costs
A. If the court determines pursuant to section 13-4503 that reasonable grounds exist for a competency examination,  the court shall:
1. If the defendant is charged with only a misdemeanor,  appoint one or more mental health experts to examine the defendant.
2. If the defendant is charged with a felony,  appoint two or more mental health experts to examine the defendant.
B. The mental health expert or experts shall examine the defendant,  issue a report and,  if necessary,  testify regarding the defendant's competency. The court,  on its own motion or on motion of any party,  may order that one of the mental health experts appointed shall be a physician specializing in psychiatry and licensed pursuant to title 32,  chapter 13 or 17. The state and the defendant,  on approval of the court,  may stipulate to the appointment of only one expert.
C. The court may order the defendant to submit to physical,  neurological or psychological examinations,  if necessary,  to adequately determine the defendant's mental condition.
D. The court shall order the defendant to pay the costs of the court-ordered examination,  except that if the court finds the defendant is indigent or otherwise unable to pay all or any part of the costs or if the prosecution requested the examination,  the court shall order the county to pay the costs of the examination or,  if the case is referred by a municipal court judge,  the court shall order the city to pay the costs of the examination.
E. This section does not prohibit any party from retaining its own expert to conduct any additional examinations at its own expense.
F. A person who is appointed as a mental health expert or clinical liaison is entitled to immunity,  except that the mental health expert or clinical liaison may be liable for intentional,  wanton or grossly negligent acts that are done in the performance of the expert's or liaison's duties.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4506 - Examination for purposes of insanity defense

13-4506.
Examination for purposes of insanity defense
A. On request of the court or any party,  with the consent of the defendant and after a determination that a reasonable basis exists to support the plea of insanity,  the mental health expert who is appointed pursuant to section 13-4505 shall provide a screening report that includes:
1. The mental status of the defendant at the time of the offense.
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.
B. If the defendant's state of mind at the time of the offense will be included in the examination,  the court shall not appoint the expert to address this issue until the court receives the medical and criminal history records of the defendant.
C. Within ten working days after the expert is appointed,  the parties shall provide any additional medical or criminal history records that are requested by the court or the expert.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4507 - Examination of competency to stand trial

13-4507.
Examination of competency to stand trial
A. The court shall set and may change the conditions under which the examination is conducted.
B. The defense attorney shall be available to the mental health expert conducting the examination.
C. A proceeding to determine if a defendant is competent to stand trial shall not delay a judicial determination of the defendant's eligibility for pretrial release. A defendant who is otherwise entitled to pretrial release shall not be involuntarily confined or taken into custody solely because the issue of the defendant's competence to stand trial is raised and an examination is ordered unless the court determines that the defendant's confinement is necessary for the evaluation process.
D. If a defendant is released from custody under any pretrial release provision,  the court may order the defendant to appear at a designated time and place for an outpatient examination. The court may make the appearance a condition of the defendant's pretrial release.
E. The court may order that the defendant be involuntarily confined until the examination is completed if the court determines that any of the following applies:
1. The defendant will not submit to an outpatient examination as a condition of pretrial release.
2. The defendant refuses to appear for an examination.
3. An adequate examination is impossible without the confinement of the defendant.
4. The defendant is a threat to public safety.
F. If a defendant is committed for an inpatient examination,  the length of the commitment shall not exceed the period of time that is necessary for the examination. The commitment for examination shall not exceed thirty days,  except that the commitment may be extended by fifteen days if the court finds that extraordinary circumstances exist. The county shall pay the costs of any inpatient examination ordered by the court,  except that the city shall pay the costs of any inpatient examination that is ordered by a municipal court judge.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4508 - Privilege against self-incrimination; sealed reports

13-4508.
Privilege against self-incrimination;  sealed reports
A. The privilege against self-incrimination applies to any examination that is ordered by the court pursuant to this chapter.
B. Any evidence or statement that is obtained during an examination is not admissible at any proceeding to determine a defendant's guilt or innocence unless the defendant presents evidence that is intended to rebut the presumption of sanity.
C. Any statement made by the defendant during an examination or any evidence resulting from that statement concerning any other event or transaction is not admissible at any proceeding to determine the defendant's guilt or innocence of any other criminal charges that are based on those events or transactions,  except that a statement or evidence may be used by any party in a proceeding to determine whether the defendant is eligible for court-ordered treatment pursuant to title 36,  chapter 5 or 40 or is a sexually violent person.
D. Any statement made by the defendant or any part of the evaluations that is obtained during an examination may not be used for any purpose without the written consent of the defendant or the defendant's guardian or a court order that is entered by the court that ordered the examination or that is conducting a dependency or severance proceeding.
E. After a plea of guilty or guilty except insane or the trial or after the defendant is found to be unable to be restored to competence,  the court shall order all the reports submitted pursuant to this section sealed. The court may order that the reports be opened only as follows:
1. For use by the court or defendant,  or by the prosecutor if otherwise allowed by law,  for further competency or sanity evaluations,  in a hearing to determine whether the defendant is eligible for court-ordered treatment pursuant to title 36,  chapter 5 or is a sexually violent person or in a trial to determine whether the defendant is dangerous and eligible for commitment pursuant to section 13-4521.
2. For statistical analysis.
3. When the records are deemed necessary to assist in mental health treatment pursuant to section 13-502 or 13-4517.
4. For use by the probation department or the state department of corrections if the defendant is in the custody of or is scheduled to be transferred into the custody of the state department of corrections for the purposes of assessment and supervision or monitoring of the defendant by that department.
5. For use by a mental health treatment provider that provides treatment to the defendant or that assesses the defendant for treatment.
6. For data gathering.
7. For scientific study.
F. Any statement made by the defendant during an examination that is conducted pursuant to this chapter or any evidence resulting from that statement is not subject to disclosure pursuant to section 36-509.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4509 - Expert's report

13-4509.
Expert's report
A. An expert who is appointed pursuant to section 13-4505 shall submit a written report of the examination to the court within ten working days after the examination is completed. The report shall include at least the following information:
1. The name of each mental health expert who examines the defendant.
2. A description of the nature,  content,  extent and results of the examination and any test conducted.
3. The facts on which the findings are based.
4. An opinion as to the competency of the defendant.
B. If the mental health expert determines that the defendant is incompetent to stand trial,  the report shall also include the following information:
1. The nature of the mental disease,  defect or disability that is the cause of the incompetency.
2. The defendant's prognosis.
3. If requested by the state,  whether the defendant should be considered dangerous and the nature of the mental illness,  disease or defect that makes the defendant likely to be dangerous.
4. The most appropriate form and place of treatment in this state,  based on the defendant's therapeutic needs and potential threat to public safety.
5. Whether the defendant is incompetent to refuse treatment and should be subject to involuntary treatment.
6. Whether the defendant has a history of any dangerous conduct.
C. If the mental health examiner determines that the defendant is currently competent by virtue of ongoing treatment with psychotropic medication,  the court,  in its discretion,  may appoint a mental health expert who is a physician to address the necessity of continuing that treatment and any limitations that the medication may have on competency.
D. A mental health expert who is appointed pursuant to section 13-4521 shall submit a written report of the examination to the court within ten working days after the examination is completed. The report shall include at least the following information:
1. The name of each mental health expert who examined the defendant.
2. A description of the nature,  content,  extent and results of the examination and any test conducted.
3. The facts on which the findings are based.
4. An opinion as to whether the defendant should be considered dangerous,  including the nature of the mental illness,  disease or defect that makes the defendant likely to be dangerous and the defendant's prognosis.
5. The most appropriate form and place of treatment in this state,  based on the defendant's therapeutic needs and potential threat to public safety.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4510 - Competency hearing and orders

13-4510.
Competency hearing and orders
A. Within thirty days after the report is submitted,  the court shall hold a hearing to determine a defendant's competency to stand trial. The parties may introduce other evidence regarding the defendant's mental condition or may submit the matter by written stipulation on the expert's report.
B. If the court finds that the defendant is competent to stand trial,  the proceedings shall continue without delay.
C. If the court initially finds that the defendant is incompetent to stand trial,  the court shall order treatment for the restoration of competency unless there is clear and convincing evidence that the defendant will not be restored to competency within fifteen months. The court may extend the restoration treatment by six months if the court determines that the defendant is making progress toward the goal of restoration.
D. All treatment orders issued by the court shall specify the following:
1. The place where the defendant will receive treatment.
2. Transportation to the treatment site.
3. The length of the treatment.
4. Transportation after treatment.
5. The frequency of reports.