13-4022. Determining competency
A. If after a sentence of death is imposed the director of the state department
of corrections, the prisoner's attorney or an attorney for the state has good reason to
believe that the prisoner may be mentally incompetent to be executed, the director, the
prisoner's attorney or an attorney for the state may file a motion in the superior court
in the county in which the prisoner is located setting forth the facts relating to the
prisoner's conviction and sentence and the facts giving rise to the belief that the
prisoner may be mentally incompetent to be executed and requesting the court to
order that the prisoner be examined for mental competency to be executed.
B. A stay of execution may not be granted by the superior court on the filing of
a motion for examination of competency. If a stay is desired before the superior court
rules on the motion, an application for a stay shall be submitted to the Arizona
supreme court.
C. On receipt of a motion for examination of competency, the superior court
shall determine if the motion is timely, as prescribed by section 13-4024, and presents
reasonable grounds for the requested examination. If the motion is timely and
presents reasonable grounds for the requested examination, the court shall appoint
experts pursuant to the Arizona rules of criminal procedure. The appointed experts
shall make copies of their reports available to all of the parties. The experts' reports
shall indicate whether the prisoner suffers from a mental disorder, illness, defect or
disability such that the prisoner is incompetent to be executed and would benefit from
competency restoration treatment. The parties shall also disclose to the appointed
experts and to each other the names and addresses of any other previously
undisclosed mental health experts who have examined the prisoner and the results of
the examinations.
D. The court may order the prisoner to submit to physical, neurological,
psychological or other examinations or evaluations that are reasonably necessary to
adequately determine the prisoner's mental competency to be executed. A prisoner
who is subject to an examination or evaluation for mental competency to be executed
waives all privileges concerning information relevant to the competency
determination. The prisoner shall submit to and cooperate in all examinations or
evaluations ordered by the court, regardless of which party appointed the mental
health experts. If the prisoner refuses to be examined by the state's mental health
experts, the court shall not consider any expert evidence offered by the prisoner
concerning the prisoner's competency. Evidence obtained under this article is not
admissible at any proceeding to determine guilt or innocence unless the defendant
presents evidence intended to rebut the presumption of sanity or otherwise consents
to admission of the evidence.
E. After the examinations are completed, the court may conduct a hearing to
determine the prisoner's competency to be executed. At the hearing, all the parties
may present evidence, cross-examine witnesses and present argument or by
stipulation may submit the matter for the court's determination on the basis of the
experts' reports or other evidence.
F. Prisoners who are sentenced to death are presumed competent to be
executed. A prisoner may be found incompetent to be executed only on clear and
convincing evidence of incompetency.
G. The superior court shall specifically state its findings on the record. If the
court finds that the prisoner is competent, the director of the state department of
corrections shall execute the judgment as specified in the warrant. If the court finds
that the prisoner is incompetent, the court shall suspend the execution and shall
immediately transmit a copy of its order to the supreme court. If the prisoner is
incompetent to be executed, the court shall determine whether the prisoner suffers
from a mental disorder, illness, defect or disability and shall order competency
restoration treatment. The prisoner shall remain in the custody of the state
department of corrections until the time for review has expired or a supreme court
review is completed. If no review is sought or the supreme court upholds the finding
of incompetency to be executed, the director of the state department of corrections
shall transfer the prisoner to a licensed behavioral health or mental health inpatient
treatment facility operated by the state department of corrections for competency
restoration treatment. The prisoner shall remain confined in the licensed behavioral
health or mental health inpatient treatment facility operated by the state department
of corrections until the prisoner becomes competent to be executed.
H. Pursuant to subsection G of this section, the department of health services
shall provide competency restoration treatment, including prescribing medication, to
a prisoner found incompetent to be executed. The person who supervises the
treatment of a prisoner found incompetent to be executed shall submit a written
report to the court, the attorney general and the prisoner's attorney when the person
believes the prisoner is competent to be executed. The written report shall include at
least the following information:
1. The name of each mental health expert who examines the prisoner.
2. The description of the nature, content, extent and results of the examination
and any tests conducted.
3. The facts on which the findings are based.
4. An opinion as to the prisoner's competency to be executed.
I. Within five days after the superior court grants or denies a motion for
examination or rules whether the prisoner is competent, a party may file with the
Arizona supreme court a petition for special action to obtain review of the superior
court's decision.
J. The clerk of the court shall prepare a statement of the costs incurred by the
county. The judge shall certify the statement and shall forward it to the governor for
approval. After approval, the governor shall order that the costs be paid to the county
treasurer in the county in which the hearing was held from monies appropriated to the
state department of corrections.
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