SB 1424 Summary

• Adds option for courts to determine if a defendant found incompetent to stand trial is both dangerous and incompetent, in addition to existing disposition options.

• Requires courts to hold a hearing within 30 days to determine if an incompetent defendant is dangerous, with the state proving dangerousness by clear and convincing evidence based on testimony from at least two examiners including a licensed psychiatrist.

• Commits defendants found to be both dangerous and incompetent to the department of health services for placement in a licensed facility under the superintendent of the Arizona state hospital.

• Requires the defendant's treatment supervisor to submit progress reports to the court within 90 days and every 180 days thereafter regarding treatment, prognosis, and dangerousness status.

• Allows courts to release non-dangerous defendants, release dangerous defendants on medication conditions, or maintain commitment until the defendant regains competency, is deemed non-dangerous, or the maximum sentence period expires.