Arizona statute
A.R.S. § 13-754 — Capital defendant prescreening evaluation for competency and sanity
Current through 57th Legislature, 1st Regular Session (2025)
Part of Chapter 7.1: Capital Sentencing, Arizona Revised Statutes.
Full text of A.R.S. § 13-754
Statutory text current through the 57th Legislature, 1st Regular Session (2025). This publication reproduces the official statutory text published by the Arizona Legislature (Arizona Legislative Council compilation, azleg.gov); it is not the official statutes of the State of Arizona.
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.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.