A.R.S. § 13-4515: Competency Restoration Order
Duration of order; excluded time calculation; notice of dismissed charge or voided order; petitions
How long can an Arizona competency restoration order last?
In Arizona, court orders for competency restoration can last no more than twenty-one months or the defendant's maximum possible sentence, whichever is less, and the court counts only the time the defendant actually spends in a restoration program and ignores sentence enhancements for prior convictions. The court must notify the prosecutor, defense attorney, medical supervisor, and treating facility if charges are dismissed or an order is voided, and charges cannot be dismissed without a prior hearing. If a defendant is released when the orders expire, the medical supervisor may petition for further treatment, a guardian, or involuntary commitment because the defendant is considered dangerous.
Full statute text
Official text last checked against azleg.gov:
13-4515. Duration of order; excluded time calculation; notice of dismissed charge or voided order; petitions
A. An order or combination of orders that is issued pursuant to section 13-4512 or 13-4514 shall not be in effect for more than twenty-one months or the maximum possible sentence the defendant could have received pursuant to section 13-702, section 13-703, section 13-704, subsection A, B, C, D or E, section 13-705, section 13-706, subsection A, section 13-708, subsection D or section 13-751 or any section for which a specific sentence is authorized, whichever is less. In making this determination the court shall not consider the sentence enhancements under section 13-703 or 13-704 for prior convictions.
B. The court shall only consider the time a defendant actually spends in a restoration to competency program when calculating the time requirements pursuant to subsection A of this section.
C. The court shall notify the prosecutor, the defense attorney, the medical supervisor and the treating facility if the charges against the defendant are dismissed or if an order is voided by the court. No charges shall be dismissed without a hearing before the dismissal.
D. If a defendant is discharged or released on the expiration of an order or orders issued pursuant to section 13-4512 or 13-4514, the medical supervisor may file a petition stating that the defendant requires further treatment pursuant to title 36, chapter 5, appointment of a guardian pursuant to title 14 or involuntary commitment pursuant to section 13-4521 because the defendant is considered dangerous.
Drafted by AI from the official text and checked sentence by sentence against azleg.gov. ClearStatute is run by David Bartlett, who is not an attorney. Legal information, not legal advice — consult a licensed attorney for your situation.