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AZ HB2548
Bill
Status
1/18/2012
Primary Sponsor
Albert Melvin
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AI Summary
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Amends section 13-4517 to add a new option allowing courts to determine if a defendant is both dangerous and incompetent to stand trial through a formal hearing process.
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Establishes a new section 13-4518 requiring courts to conduct hearings within 30 days to determine if an incompetent defendant is also dangerous, with the state proving dangerousness by clear and convincing evidence from at least two examiners including a psychiatrist.
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Allows courts to commit dangerous and incompetent defendants to the Arizona Department of Health Services for placement in a licensed facility under supervision of the Arizona State Hospital superintendent for education, care, treatment, and supervision.
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Requires treatment supervisors to submit progress reports to the court within 90 days and every 180 days thereafter regarding treatment, prognosis for restoration to competency, and whether the defendant remains dangerous.
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Permits dangerous and incompetent defendants to remain committed until either their competency is restored, they are found no longer dangerous, or the maximum sentence they would have received if convicted has expired.
Legislative Description
Dangerous and incompetent defendants; commitment
Last Action
Referred to House JUD Committee
1/19/2012