13-4024. Untimely or successive
motions
A. A motion for an examination under section 13-4022 that is filed fewer than
twenty days before a scheduled execution is untimely and shall not be considered by the
court unless it is accompanied by both of the following:
1. At least one affidavit from a licensed physician or licensed psychologist who
has examined the prisoner that states the physician's or psychologist's opinion that the
prisoner is not competent to be executed.
2. A statement that establishes good cause for the failure to file the motion in a
timely manner.
B. A motion that is filed fewer than twenty days before a scheduled execution shall
be served on the state department of corrections and the attorney representing the state
in the criminal proceeding. The filing of an untimely motion constitutes consent by the
prisoner to be evaluated by a mental health expert who is designated by the state
department of corrections. The mental health expert shall report the expert's findings
to the superior court and the parties as expediently as practicable. If the prisoner
fails to cooperate with an evaluation, the court shall dismiss the motion.
C. If the superior court denies a motion for an examination under section 13-4022
or determines that the prisoner is competent for execution, no further hearings on
competency may be granted unless the successive motion is accompanied by an affidavit
from a physician who is licensed pursuant to title 32, chapter 13 or 17 or a psychologist
who is licensed pursuant to title 32, chapter 19.1 and who has examined the prisoner and
the affidavit shows a substantial change of circumstances since the previous motion for
hearing was denied or the prior determination of competency was made and the showing is
sufficient to raise a significant question about the prisoner's competency to be
executed.
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