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State Codes and Statutes

Statutes > Arizona > Title13 > 13-502

13-502. Insanity test; burden of proof; guilty
except insane verdict


A. A person may be found guilty except insane if at the time of the commission of
the criminal act the person was afflicted with a mental disease or defect of such
severity that the person did not know the criminal act was wrong. A mental disease or
defect constituting legal insanity is an affirmative defense. Mental disease or defect
does not include disorders that result from acute voluntary intoxication or withdrawal
from alcohol or drugs, character defects, psychosexual disorders or impulse control
disorders. Conditions that do not constitute legal insanity include but are not limited
to momentary, temporary conditions arising from the pressure of the circumstances, moral
decadence, depravity or passion growing out of anger, jealousy, revenge, hatred or other
motives in a person who does not suffer from a mental disease or defect or an abnormality
that is manifested only by criminal conduct.


B. In a case involving the death or serious physical injury of or the threat of
death or serious physical injury to another person, if a plea of insanity is made and the
court determines that a reasonable basis exists to support the plea, the court may commit
the defendant to a secure state mental health facility under the department of health
services, a secure county mental health evaluation and treatment facility or another
secure licensed mental health facility for up to thirty days for mental health evaluation
and treatment. Experts at the mental health facility who are licensed pursuant to title
32, who are familiar with this state's insanity statutes, who are specialists in mental
diseases and defects and who are knowledgeable concerning insanity shall observe and
evaluate the defendant. The expert or experts who examine the defendant shall submit a
written report of the evaluation to the court, the defendant's attorney and the
prosecutor. The court shall order the defendant to pay the costs of the mental health
facility to the clerk of the court. The clerk of the court shall transmit the
reimbursements to the mental health facility for all of its costs. If the court finds
the defendant is indigent or otherwise is unable to pay all or any of the costs, the
court shall order the county to reimburse the mental health facility for the remainder of
the costs. Notwithstanding section 36-545.02, the mental health facility may maintain
the reimbursements. If the court does not commit the defendant to a secure state mental
health facility, a secure county mental health evaluation and treatment facility or
another secure licensed mental health facility, the court shall appoint an independent
expert who is licensed pursuant to title 32, who is familiar with this state's insanity
statutes, who is a specialist in mental diseases and defects and who is knowledgeable
concerning insanity to observe and evaluate the defendant. The expert who examines the
defendant shall submit a written report of the evaluation to the court, the defendant's
attorney and the prosecutor. The court shall order the defendant to pay the costs of the
services of the independent expert to the clerk of the court. The clerk of the court
shall transmit the reimbursements to the expert. If the court finds the defendant is
indigent or otherwise unable to pay all or any of the costs, the court shall order the
county to reimburse the expert for the remainder of the costs. This subsection does not
prohibit the defendant or this state from obtaining additional psychiatric examinations
by other mental health experts who are licensed pursuant to title 32, who are familiar
with this state's insanity statutes, who are specialists in mental diseases and defects
and who are knowledgeable concerning insanity.


C. The defendant shall prove the defendant's legal insanity by clear and convincing
evidence.


D. If the finder of fact finds the defendant guilty except insane, the court shall
determine the sentence the defendant could have received pursuant to section 13-707 or
section 13-751, subsection A or the presumptive sentence the defendant could have
received pursuant to section 13-702, section 13-703, section 13-704, section 13-705,
section 13-706, subsection A, section 13-710 or section 13-1406 if the defendant had not
been found insane, and the judge shall sentence the defendant to a term of incarceration
in the state department of corrections and shall order the defendant to be placed under
the jurisdiction of the psychiatric security review board and committed to a state mental
health facility under the department of health services pursuant to section 13-3994 for
that term. In making this determination the court shall not consider the sentence
enhancements for prior convictions under section 13-703 or 13-704. The court shall
expressly identify each act that the defendant committed and separately find whether each
act involved the death or physical injury of or a substantial threat of death or physical
injury to another person.


E. A guilty except insane verdict is not a criminal conviction for sentencing
enhancement purposes under section 13-703 or 13-704.