13-4023. Recovery of competency

A. Within sixty days after a prisoner is committed for restoration to competency treatment, the chief medical officer of the state hospital shall file with the superior court a report setting forth the treatment being provided, the status of the prisoner and the prognosis as to when the prisoner will be competent. The chief medical officer shall provide copies of the report to all of the parties and to the Arizona supreme court. The chief medical officer shall update the report every sixty days until the prisoner is determined to be competent to be executed.

B. After a prisoner recovers competency to be executed, the chief medical officer of the state hospital shall certify to the Arizona supreme court that the prisoner is competent. The Arizona supreme court shall order that the execution be conducted according to the original warrant, if unexpired, or shall issue a new warrant appointing a time for execution of the judgment.

C. After a prisoner recovers competency and within ten days after a warrant is issued, the superior court shall appoint psychological experts pursuant to rule 11.3, Arizona rules of criminal procedure to assess the prisoner's competency to be executed. After considering the written opinions of the appointed experts, if the superior court believes that there is a significant question about the prisoner's competency to be executed, the superior court shall conduct a competency hearing to address that issue. If the prisoner and the state agree, the superior court may determine the issue of competency without a hearing and based on the submitted reports.

D. On the request of a party, the superior court may appoint psychological experts after a prisoner's competency has been certified and before a warrant has been issued.

E. The prisoner may waive the appointment of experts pursuant to this section.

F. Within five days after the superior court determines a prisoner's competency to be executed, a party may file with the supreme court a petition for special action to obtain review of the superior court's decision.

G. The costs incurred by the county in appointing experts under this section shall be paid pursuant to section 13-4022.