13-754. Capital defendant prescreening
evaluation for competency and sanity
A. If the state files a notice of intent to seek the death penalty, unless the
defendant objects, the court shall appoint a psychologist or psychiatrist licensed
pursuant to title 32, chapter 13, 17 or 19.1 to conduct a prescreening evaluation to
determine if reasonable grounds exist to conduct another examination to determine the
following:
1. The defendant's competency to stand trial.
2. Whether the defendant was sane at the time the defendant allegedly committed the
offense.
B. The court may appoint separate psychological experts to conduct each of the
evaluations ordered pursuant to subsection A.
C. The court shall seal any psychological expert's report pursuant to this section,
and the report shall only be available to the defendant. The report shall be released on
the motion of any party if the defendant introduces the report in the present case,
raises a mental health defense at trial or sentencing or is convicted of an offense in
the present case and the sentence is final.
D. If the prescreening evaluation indicates that reasonable grounds exist to
conduct another examination as prescribed by subsection A, the court shall treat the
prescreening evaluation as a preliminary examination pursuant to rule 11.2(c) of the
Arizona rules of criminal procedure and shall proceed in accordance with rule 11 of the
Arizona rules of criminal procedure.
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