{"data":{"id":"us-az/a.r.s.-13-4521.01","jurisdiction":"us-az","citation":"A.R.S. § 13-4521.01","heading":"Dangerous and incompetent defendants; placement until December 31, 2031; reports","body":"(Rpld. 1/1/32)\n\nA. Until December 31, 2031, if the court issues or has issued a commitment order pursuant to section 13-4521 and there are no beds available in a secure state mental health facility in this state, the Arizona state hospital may accept the defendant for care and treatment on its forensic campus if all of the following apply:\n\n1. The defendant has been determined to be dangerous and incompetent and is involuntarily committed to a secure state mental health facility pursuant to section 13-4521.\n\n2. The defendant has received at least twelve months of restoration to competency services.\n\n3. The defendant has a primary psychiatric condition.\n\nB. The order shall:\n\n1. Require that the defendant remain committed to the Arizona state hospital pursuant to this section or a secure state mental health facility until either of the following occurs:\n\n(a) The court finds that the defendant is competent to stand trial.\n\n(b) The court finds that the defendant is no longer dangerous.\n\n2. Include authorization for the Arizona state hospital to provide necessary treatment to the defendant, including the administration of medications as clinically indicated, and to ensure the safety and security of the facility.\n\n3. Allow the Arizona state hospital to issue a standing order for the application of restraints to the defendant as necessary to ensure the safety and security of the facility.\n\nC. If the medical director determines that a defendant who was determined to be dangerous, incompetent and nonrestorable pursuant to section 13-4521 may no longer be dangerous or incompetent, the disposition of the proceedings shall be pursuant to title 36, chapter 40.\n\nD. As soon as practicable, on the licensure of a secure state mental health facility for the care and treatment of defendants who are committed under section 13-4521, the Arizona state hospital shall coordinate the transfer of any defendant who is admitted to the Arizona state hospital pursuant to this section to the secure state mental health facility.\n\nE. The costs of a defendant who is determined to be dangerous, incompetent and nonrestorable and who is subsequently admitted to the Arizona state hospital pursuant to this section shall be paid by the department of health services, including the costs for all nonpsychiatric or nonmental health disorder-related services provided to the defendant during the defendant's admission.\n\nF. The Arizona state hospital may not accept more than one defendant who has a primary psychiatric condition, who has been determined to be dangerous, incompetent and nonrestorable pursuant to section 13-4521 and whose originating county has a population of less than four hundred thousand persons for care and treatment on the Arizona state hospital's forensic campus. If the Arizona state hospital reaches, or is expected to reach, the maximum funded capacity for forensic programs, the superintendent shall inform each county's presiding judge, county attorney and chairperson of the board of supervisors that the Arizona state hospital may not accept any additional defendants pursuant to section 13-502, 13-3992 or 13-4521 or this section and the following apply:\n\n1. Notwithstanding section 13-3992, subsection E, the department of health services is not required to reimburse a county for the actual costs of each day an admission is deferred for a person who has been found guilty except insane pursuant to section 13-502 if the deferral is due to a defendant admitted to the Arizona state hospital pursuant to this section.\n\n2. Neither the department of health services or its officers are liable for or subject to civil sanctions as a result of the Arizona state hospital's inability to admit defendants due to reaching the maximum funded capacity.\n\nG. Beginning October 1, 2026 and every six months thereafter, the administrative office of the courts shall report to the speaker of the house of representatives, the president of the senate, the governor and the director of the department of health services all of the following:\n\n1. The number of defendants who were determined to be incompetent to stand trial and nonrestorable.\n\n2. The number of trials initiated to determine if a defendant is dangerous pursuant to this section.\n\n3. The number of defendants who were determined to be dangerous pursuant to this section.\n\n4. The number of defendants who were determined to be either incompetent to stand trial and nonrestorable or incompetent, nonrestorable and dangerous and who were diagnosed with a neurocognitive or neurodevelopmental disorder, including a traumatic brain injury, dementia or autism.","path":["Title 13 Criminal Code"],"source_url":"https://www.azleg.gov/ars/13/04521-01.htm","current_through":"57th Legislature, 2nd Regular Session (effective 2027-01-01); mirror section count 24991","vintage":"2026-09-15","retrieved_at":"2026-10-26T05:51:13Z","sha256":"3d2ef3210165fa7b84aad618aac4400a1bd60d484cd727d5ad9e0d5dc9116531","source_id":"us-az","stale":false,"prev":"us-az/a.r.s.-13-4521","next":"us-az/a.r.s.-13-4701"},"notice":"GroundRules: Original legal text. Not legal advice."}