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 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
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.
Sections 32-1401 et seq., 32-1800 et seq., 32-2061 et seq.
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