Arizona Revised Statutes Title 13. Criminal Code § 13-4517. Incompetent defendants; disposition; evaluator costs

A. If the court finds that a defendant is incompetent to stand trial and 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, any party may request that the court:

B. If the court enters an order pursuant to subsection A, paragraph 1, 2 or 4 of this section, the court may also order an assessment of the defendant's eligibility for private insurance or public benefits that may be applied to the expenses of the defendant's medically necessary maintenance and treatment, including services pursuant to title 36, chapter 29,  4 state-only behavioral health services, title XVIII services and Medicare part D prescription drug benefits, supplemental security income and supplemental security disability income.

C. The court may retain jurisdiction over the defendant until the defendant is committed for treatment pursuant to § 13-4521 or title 36, chapter 5 or a guardian is appointed pursuant to title 14, chapter 5.

D. If the court remands the defendant for the institution of civil commitment proceedings pursuant to title 36, chapter 5 and the court is notified that the defendant has not had a civil commitment evaluation or if the court enters an order pursuant to subsection A, paragraph 4 of this section, the court, if it has retained jurisdiction, may order the sheriff to take the defendant into custody so that the court may explore options pursuant to subsection A, paragraph 2, 3 or 4 of this section.

E. If the court is notified that the defendant has not been ordered into treatment pursuant to title 36, chapter 5 and the court has retained jurisdiction, the court may order the sheriff to take the defendant into custody so that the court may explore options pursuant to subsection A, paragraph 2, 3 or 4 of this section.

F. A guardian ad litem who is appointed pursuant to this section and who determines that protective action is appropriate shall initiate and prosecute proceedings for the appointment of a guardian, a conservator or any other protective order pursuant to title 14, chapter 5. The court, on the request of the guardian ad litem or on its own motion, may order an independent evaluation of the defendant by a licensed physician, a licensed psychologist or a registered nurse to assess whether the defendant is an incapacitated person as defined in § 14-5101 or is a person in need of protection as prescribed in § 14-5401, subsection A, paragraph 2.

G. A guardian ad litem and any other evaluator who is appointed pursuant to this section is entitled to reasonable compensation for the work performed as a guardian ad litem or evaluator. If the defendant is indigent, the court may order the reasonable compensation to be a county expense.