13-4512

13-4512. Treatment order; commitment

A. The court may order a defendant to undergo out of custody competency restoration
treatment. If the court determines that confinement is necessary for treatment, the court
shall commit the defendant for competency restoration treatment to the competency
restoration treatment program designated by the county board of supervisors.

B. If the county board of supervisors has not designated a program to provide
competency restoration treatment, the court may commit the defendant for competency
restoration treatment to the Arizona state hospital, subject to funding appropriated by
the legislature to the Arizona state hospital for inpatient competency restoration
treatment services, or to any other facility that is approved by the court.

C. A county board of supervisors that has designated a county restoration treatment
program may enter into contracts with providers, including the Arizona state hospital,
for inpatient, in custody competency restoration treatment. A county competency
restoration treatment program may do the following:

1. Provide competency restoration treatment to a defendant in the county jail,
including inpatient treatment.

2. Obtain court orders to transport the defendant to other providers, including the
Arizona state hospital, for inpatient, in custody competency restoration treatment.

D. In determining the type and location of the treatment, the court shall select
the least restrictive treatment alternative after considering the following:

1. If confinement is necessary for treatment.

2. The likelihood that the defendant is a threat to public safety.

3. The defendant's participation in and cooperation during an outpatient
examination of competency to stand trial conducted pursuant to section 13-4507.

4. The defendant's willingness to submit to outpatient competency restoration
treatment as a condition of pretrial release, if the defendant is eligible for pretrial
release.

E. An order entered pursuant to this section shall state if the defendant is
incompetent to refuse treatment, including medication, pursuant to section 13-4511.

F. A defendant shall pay the cost of inpatient, in custody competency restoration
treatment unless otherwise ordered by the court. If the court finds the defendant is
unable to pay all or a portion of the costs of inpatient, in custody treatment, the state
shall pay the costs of inpatient, in custody competency restoration treatment at the
Arizona state hospital that are incurred until:

1. Seven days, excluding Saturdays, Sundays or other legal holidays, after the
hospital submits a report to the court stating that the defendant has regained competency
or that there is no substantial probability that the defendant will regain competency
within twenty-one months after the date of the original finding of incompetency.

2. The treatment order expires.

3. Seven days, excluding Saturdays, Sundays or other legal holidays, after the
charges are dismissed.

G. The county, or the city if the competency proceedings arise out of a municipal
court proceeding, shall pay the hospital costs that are incurred after the period of time
designated in subsection F of this section and shall also pay for the costs of inpatient,
in custody competency restoration treatment in court approved programs that are not
programs at the Arizona state hospital.

H. Payment for the cost of outpatient community treatment shall be the
responsibility of the defendant unless:

1. The defendant is enrolled in a program which covers the treatment and which has
funding available for the provision of treatment to the defendant, and the defendant is
eligible to receive the treatment. Defendants in these circumstances may be required to
share in the cost of the treatment if cost sharing is required by the program in which
the defendant is enrolled.

2. The court finds that the defendant is unable to pay all or a portion of
treatment costs or that outpatient treatment is not otherwise available to the defendant.
For defendants in these circumstances, all or a portion of the costs of outpatient
community treatment shall be borne by the county or the city if the competency
proceedings arise out of a municipal court proceeding.

I. A treatment order issued pursuant to this section is valid for one hundred
eighty days or until one of the following occurs:

1. The treating facility submits a report that the defendant has regained
competency or that there is no substantial probability that the defendant will regain
competency within twenty-one months after the date of the original finding of
incompetency.

2. The charges are dismissed.

3. The maximum sentence for the offense charged has expired.

4. A qualified physician who represents the Arizona state hospital determines that
the defendant is not suffering from a mental illness and is competent to stand trial.

J. The Arizona state hospital shall collect census data for adult restoration to
competency treatment programs to establish maximum capacity and the allocation formula
required pursuant to section 36-206, subsection D. The Arizona state hospital or the
department of health services is not required to provide restoration to competency
treatment that exceeds the funded capacity. If the Arizona state hospital reaches its
funded capacity in either or both the adult male or adult female restoration to
competency treatment programs, the superintendent of the state hospital shall establish a
waiting list for admission based on the date of the court order issued pursuant to this
section.