Highlights of Proposed Mental Health Code Amendments (2026)

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Highlights of Proposed Mental Health Code Amendments

The Salt River Pima-Maricopa Indian Community Council has approved that

proposed changes to the Mental Health Code to move into the public comment

period. This document explains what these changes will accomplish and how they

could benefit Community Members and families. Redline copies of the changes are

available for review.

•

Modernized Policy Statement: Reframes behavioral health crises as medical emergencies;

emphasizes trauma-informed, culturally responsive care, least-restrictive interventions, and

protection of both public safety and individual rights.

Updated Definitions: Modernizes and clarifies key terms including danger to self, danger to

others, grave disability, evaluation, and adds new definitions such as Behavioral Health

Professional (BHP), Mobile Crisis Team (MCT), Crisis Stabilization Unit (CSU), Assisted

Outpatient Treatment (AOT), least restrictive alternative, and imminent risk.

Expanded Emergency Apprehension Authority: Authorizes law enforcement, BHPs, and

MCT clinicians to initiate emergency apprehensions; establishes clearer timelines and release

procedures.

Least Restrictive Treatment: Requires evaluators to consider and implement less restrictive

alternatives whenever safe, rather than defaulting to detention or inpatient commitment.

Detention Standards: Creates structured criteria for determining whether an individual should

be held at the Salt River Department of Corrections or a medical/behavioral health facility,

with a preference for clinically appropriate placement.

Court-Ordered Evaluation: Expands who may petition for evaluation, clarifies required

petition contents, and requires appointment of a Guardian ad Litem in commitment

proceedings.

Enhanced Judicial Oversight: Provides judges with detailed factors to consider when

ordering temporary detention and requires detention orders for medical facilities to specify the

basis and duration of detention.

Treatment Options: Adds Assisted Outpatient Treatment (AOT) as a formal alternative to

inpatient commitment and authorizes courts to tailor outpatient treatment plans when

community-based care can safely manage risk.

Disposition & Review: Clarifies treatment durations based on findings, requires periodic

review hearings every 45 days, and expressly provides that noncompliance with treatment is

addressed through civil—not criminal—processes.

Post-Release Jurisdiction: Creates a new process allowing the Court to retain limited

jurisdiction after discharge to enforce post-release treatment plans for up to 180 days, helping

reduce relapse and repeat crises.

Highlights of Proposed Competency Rule

The Salt River Pima-Maricopa Indian Community Council has approved that

proposed changes to the Competency Process to move into the public comment

period. This document explains what these changes will accomplish and how they

could benefit Community Members and families. Redline copies of the changes are

available for review.

•

Establishes Comprehensive Competency Rule: Creates a standalone rule governing

competency from the filing of charges through restoration, trial, dismissal, or referral for civil

commitment.

Clarifies Legal Standard: Defines mental illness, incompetence, and the legal effect of

incompetence, making clear that mental illness alone does not render a defendant incompetent.

Formal Competency Process: Authorizes the defense, prosecution, or court to request a

competency evaluation at any time before sentencing upon a showing of reasonable cause.

Standardized Evaluations: Requires evaluations by qualified mental health experts,

establishes evaluator qualifications, sets report deadlines, and protects defendants' statements

from use at trial.

Judicial Competency Hearings: Requires a hearing following the evaluation and establishes

procedures, burden of proof, and findings available to the court.

Clear Case Outcomes: Provides three disposition options: (1) defendant competent and case

proceeds; (2) incompetent but restorable and restoration is ordered; or (3) incompetent and not

restorable, resulting in dismissal without prejudice and, when appropriate, referral for civil

commitment.

Guardian ad Litem: Requires appointment of a Guardian ad Litem for incompetent

defendants, with authority extending into related civil commitment proceedings.

Competency Restoration Program: Creates a structured restoration process, including

individualized treatment plans, inpatient or outpatient treatment, transportation, treatment

supervision, and periodic court review.

Treatment Oversight: Requires treatment progress reports every 45 days, review hearings

every 60 days, and limits restoration to six months unless the defendant is making substantial

progress.

Final Restoration Determination: Requires a restoration hearing to determine whether

criminal proceedings resume, treatment is extended for up to three additional months, or

charges are dismissed with consideration of civil commitment if necessary.

HOW TO PARTICIPATE IN PUBLIC COMMENT

Community Members are invited to read the proposed laws and submit comments

or questions.

Public Comment Period ends August 23, 2026.

How to Comment:

You may access draft ordinance materials and make your Comments to the Office

of the General Counsel at the following link: https://srpmicnsn.gov/government/ogc/proposed-ordinances/.

Additionally, the ordinances will be presented at several Council district meetings,

and comments can be provided in person.

Finally, you can email your comments to OrdPublicComment@SRPMIC-nsn.gov,

or reach out directly to Chief Prosecutor Alane Breland at (480) 362-5414 or

Alane.Breland@SRPMIC-nsn.gov.

MENTAL

HEALTH

DRAFT CODE UPDATES

Agenda

• Intro

• Mental Health Code

• Competency

• Council Guidance

Intro

• Last year, Tribal Council approved a code

change that will allow Emergency

Apprehension detainees to be detained at the

CSU once it opens, rather than at SRDOC.

• Tribal Council then gave concept approval to

the Community Prosecutor to draft further

updates.

Mental Health Code

Following discussions with Council and several

partner departments regarding a recent code

change, there is general consensus that the

Mental Health Code as a whole should be

reviewed for changes that could modernize the

process, and make it more humane, traumainformed, and treatment focused.

Opportunities for Change

Draft improvements include:

• ensuring clarity and consistency in

language and processes throughout the

Code,

• incorporating new supports and services

into the process,

• utilizing resources both in the Community

and throughout the Valley to obtain the

best service for Community Members.

Competency in

Criminal Cases

Currently, if a person is found incompetent to stand trial,

his or her case must be dismissed with prejudice, which leaves

no way for the offender to be held responsible.

Since 2012 when this Rule was first promulgated, the

Community has amassed new resources, including the ability

to detain at an appropriate mental health facility where

restoration to competency could be possible.

Proposed Procedural

Changes

• No changes with regard to who can request an evaluation.

• No change with regard to the process if a person is found

competent.

• If found incompetent, there would be the option for the

evaluator to determine whether the person can be restored

to competency. If so, treatment and status updates are

mandated.

• If the person is restored, the trial process continues as

usual. If the person is not restored, there are options for

dismissal without prejudice and civil commitment.

Council Guidance

The Community Prosecutor requests that Tribal Council consider

opening the drafts for Public Comment, for a term at the discretion of

Councilmembers.

ARTICLE VI.

COMMITMENT AND TREATMENT OF MENTALLY ILL PERSONS

SEC. 10-221. POLICY.

It is the policy of the Community to protect the health and welfare of its members and, to

that end, to protect them from injurious actions of persons who suffer from mental disorders

and who pose a danger to themselves or others; to respond to behavioral health crises first

and foremost as medical emergencies; to employ trauma‑informed, culturally responsive,

and least‑restrictive practices free of undue restraint or seclusion; and to protect both

Community safety and individual liberty. Whenever safe and feasible, mobile crisis

response, crisis stabilization, peer supports, and other less‑restrictive alternatives shall be

prioritized over custodial detention. It is further the policy of the Community to adhere to

the strictest standards of due process under the law to ensure the rights of persons suffering

from mental disorders where such persons are forcibly restrained, detained, or involuntarily

committed to a mental health institution.

SEC. 10-222. DEFINITIONS.

For the purposes of this article and unless context indicates otherwise, the following terms

shall have the meanings herein ascribed to them:

Assisted Outpatient Treatment (AOT) means a civil court order requiring adherence to an

individualized outpatient treatment plan under court supervision.

Behavioral Health Professional (BHP) means a licensed psychiatrist, psychologist,

psychiatric and mental health nurse practitioner, or other clinician authorized by

Community law to perform emergency evaluations, including via secure telehealth.

Crisis Stabilization Unit (CSU) means a licensed, medical facility providing observation and

stabilization, including 24‑hour observation and/or short‑stay inpatient care.

Danger to others means the judgment of a person who has a mental disorder is so impaired

that the person is unable to understand the person's need for treatment and as a result of

the person's mental disorder the person's continued behavior can reasonably be expected,

on the basis of competent medical opinion, to result in serious physical harm to

another.means behavior which constitutes a danger of inflicting substantial bodily

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harm upon another person based upon a history of inflicting or attempting to inflict

substantial bodily harm upon another person within 12 months preceding the petition as

follows:

1) If the person has existed under conditions of being restrained by physical or

pharmacological means, or of being confined, or of being supervised, which have

deterred or tended to deter him or her from carrying out acts of inflicting or attempting

to inflict bodily harm upon another person, the time limit of within 12 months

preceding the hearing may be extended to a time longer than 12 months as

consideration of the evidence indicates; or

2) If the bodily harm inflicted upon or attempted to be inflicted upon another person

was grievous or horrendous, the time limit of within 12 months preceding the hearing

may be extended to a time longer than 12 months as consideration of the evidence

indicates.

Danger to self means behavior that, as a result of a mental disorder constitutes a danger of

inflicting serious physical harm on oneself, including attempted suicide or the serious threat

thereof, if the threat is such that, when considered in the light of its context and in light of

the individual's previous acts, it is substantially supportive of an expectation that the threat

will be carried out; and without hospitalization will result in serious physical harm or serious

illness to the person. Danger to self does not include behavior that establishes only the

condition of having a grave disability. means behavior which constitutes a danger of

inflicting substantial bodily harm upon oneself, including attempted suicide. Danger to self

is not present if the hazards to self are restricted to those which may arise from conditions

defined under grave disability.

Detention means the taking into custody, or the holding in custody, of a person.

Evaluation means a professional analysis that may include firsthand observations or remote

observations by interactive audiovisual media, and that is based on data describing the

person's identity, biography and medical, psychological, and social conditions, which is

carried out of a person's medical and psychological conditions conducted by a licensed

physician who is a qualified psychiatrist, or by two other individuals, one of whom is a

licensed psychologist and the other is either a licensed clinical social worker familiar with

mental health and human services or a psychiatric and mental health nurse practitioner or

certified psychologist. Such evaluation may be assisted by a mental health or social worker

familiar with mental health and human services.

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Gravely disabilityled means a condition, as a result of mental disorder, in which a person is

unable to provide for basic personal needs for food, clothing, shelter, or essential medical

care, and in which serious harm or deterioration is likely without interventionmeans a

condition in which a person is unable to provide for his or her basic personal needs for foods,

clothing and shelter as a result of a mental illness of a type which has developed:

Over a long period of time and has been of long duration;

As a manifestation of degenerative brain disease during old age; or

A manifestation of some other degenerative physical illness of long duration.

Imminent means likely to occur in the very near future absent emergency intervention.

Least restrictive alternative (LRA) means the treatment plan and setting that infringe in the

least possible degree with the patient's right to liberty and that are consistent with providing

needed treatment in a safe and humane manner, and includes crisis stabilization programs,

crisis respite, peer‑run services, outpatient treatment, Assisted Outpatient Treatment

(AOT), and other settings short of inpatient hospitalization that can safely mitigate risk.

Licensed physician means any medical doctor or doctor of osteopathy who is licensed in

the state of Arizona.

Mental disorder .

The term "mental disorder" means a substantial disorder of the person's emotional

processes, thought, cognition, or memory which has led to or may lead to danger to self or

others.

2) The term "mental disorder" does not mean:

a) Conditions which are primarily those of drug abuse, alcoholism or mental

retardation, unless in addition to one or more of these conditions the person

has a mental disorder.

b) The declining mental abilities that directly accompany impending death.

3) Character and personality disorders characterized by lifelong and deeply

ingrained anti-social behavior patterns, including sexual behaviors which are

abnormal and prohibited by law.

Mobile Crisis Team (MCT) means a field‑deployed team staffed by behavioral health

professionals or trained crisis specialists to provide onsite assessment and stabilization.

Persistent or acute disability means a severe mental disorder that meets all the following

criteria:

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a) Significantly impairs judgment, reason, behavior or capacity to recognize reality.

b) If not treated, has a substantial probability of causing the person to suffer or continue

to suffer severe and abnormal mental, emotional or physical harm.

c) Substantially impairs the person's capacity to make an informed decision regarding

treatment, and this impairment causes the person to be incapable of understanding

and expressing an understanding of the advantages and disadvantages of accepting

treatment and understanding and expressing an understanding of the alternatives to

the particular treatment offered after the advantages, disadvantages and

alternatives are explained to that person.

d) Has a reasonable prospect of being treatable by outpatient, inpatient or combined

inpatient and outpatient treatment.

Psychiatric and mental health nurse practitioner means a registered nurse practitioner who

has completed an adult or family psychiatric and mental health nurse practitioner program

and who is certified as an adult or family psychiatric and mental health nurse practitioner by

the state board of nursing.

Psychiatrist means a licensed physician who has completed three years of graduate training

in psychiatry in a program approved by the American medical association or the American

osteopathic association.

Psychologist means a person who is licensed in the state of Arizona and who is experienced

in the practice of clinical psychology.

Social worker means a person who has completed two years of graduate training in social

work in a program approved by the council of social work education, and who has

experience in mental health, and who is licensed in the practice of professional counseling

by the board of behavioral health examiners.

SEC. 10-223. EMERGENCY APPREHENSION.

a) A police officerlaw enforcement officer, BHP, or MCT clinician may detainapprehend,

without a warrant or order, a person who he or she has reasonable cause to believe

is gravely disabled, or who poses an immediate danger to self or to others due to a

mental disorder, and who is apparently in need of immediate care and

treatmentimmediate intervention is necessary to prevent serious harm.

b) All persons so apprehended shall be transported to an appropriate detention facility.

If the person is apprehended by a law enforcement officer, then the The Community

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police department shall notify immediately the Community mental health services

directorDirector and the Chief Behavioral Health Services Officer of the River People

Health Center of the apprehension, who shall direct an evaluation of the person by a

licensed physician or licensed psychologist within 72 hours of apprehension. If the

person is apprehended by an MCT clinician, then such notification shall be

accomplished by the apprehending clinician.

c) Upon arrival at the appropriate detention facility, the person may be held for

emergency evaluation for up to seventy‑two (72) hours, solely to complete

assessment and stabilization. Hold time begins at the time of detention.

d) The evaluation shall be completed as soon as practicable. If criteria for emergency

hold are no longer met, then the evaluator shall discuss and implement an LRA plan

to ensure safety, if needed.

e) If criteria for emergency hold are no longer met, and once an LRA plan is in place to

secure safety, the evaluator shall communicate this information to the Community

prosecutor. The Community prosecutor shall ensure that release from emergency

hold is appropriate, and if so, shall community such to the appropriate detention

facility. Such release should occur as soon as practicable.

b)f) Further detention beyond seventy-two (72) hours is permitted only if the court grants

a petition for court-ordered evaluation pursuant to Section 10-225.

c)g)

As used in this section, “appropriate detention facility” means either the Salt

River Department of Corrections (SRDOC) or the crisis stabilization unit of a

Community medical or behavioral health facility (CSU). The apprehending police

officer shall consider the following when determining whether a person should be

detained in SRDOC or the CSU:

1) Whether the person is being detained on emergency apprehension only, or is

also being arrested for a valid warrant from any jurisdiction and/or new

criminal charges;

2) The conduct and demeanor of the person;

3) Prior contacts with the person;

4) Whether the person appears to be under the influence of alcohol, prescription

medication (with or without a valid prescription), narcotic or dangerous drugs,

hallucinogens, or other substances;

5) The nature of the incident that lead to the emergency apprehension;

6) Other factors that affect the safety and welfare of the person and the

Community.

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SEC. 10-224. PETITION FOR COURT-ORDERED EVALUATION; FILING TIME.

a) Any licensed physician, psychiatrist, certified psychologist, psychiatric and mental

health nurse practitioner, or Community social worker, or the Community

prosecutor, either upon request by an interested party or upon their own volition, may

petition for a court-ordered mental health evaluation by a licensed physician or

certified psychologist of a person who is alleged to be, as a result of a mental

disorder, a danger to self or to others or gravely disabled and who is incapable of or

unwilling to undergo a voluntary evaluation.

b) The petition for evaluation shall contain the following information:

1) The name and address of the person making the petition and his or her interest

in the case.

2) The name of the person to be evaluated and, if known or readily discoverable,

the address, age, martialmarital status and occupation of the person, and the

name and address of the person's nearest relative.

3) The facts which called the person to be evaluated to the attention of the

petitioner.

4) The facts upon which the allegations are based, including statements by the

petitioner of the specific nature of the danger or grave disability.

5) Other information that the court by rule or order may require.

c) Where the recommendation made pursuant to the emergency or court-ordered

evaluation of the person with a mental disorder is for commitment, such evaluation

shall be filed immediately with the clerk of the court, and within 72 hours of such filing

the Community prosecutor shall file a petition for involuntary commitment of the

mentally ill person.

c)d)

Upon the filing of a petition for court ordered mental health evaluation or a

petition for involuntary commitment, the court shall appoint a guardian ad litem

(GAL) to represent the best interests of the person, consistent with Article IV, Division

4 of this Chapter.

SEC. 10-225. DETENTION FOR COURT-ORDERED EVALUATION; HEARING.

a) The court may order the apprehension, transportation and temporary custodial

detention of a person for the purpose of a mental health valuation if from the petition

for evaluation the court determines there is reasonable cause to believe that the

person is likely to present a danger to self or others as a result of a mental disorder.

b) A person detained under this section shall be informed of the reasons for his or her

detention and that he or she must submit to a mental health evaluation.

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c) The court may order the temporary custodial detention of a person until the date set

for hearing on the petition for involuntary commitment of such person where a

recommendation made pursuant to evaluation is for commitment.

d) The court may order the temporary custodial detention of a person either at the Salt

River Department of Corrections or at an appropriate medical or inpatient behavioral

health facility.

1) The judge presiding over the hearing shall consider the following when

determining whether a person should be detained in SRDOC or in an

appropriate medical or inpatient behavioral health facility:

i. Whether the person is being detained on emergency apprehension

only, or is also being arrested for a valid warrant from any jurisdiction

and/or new criminal charges;

ii. The conduct and demeanor of the person;

iii. Prior criminal or mental health history, including prior involuntary

commitment proceedings;

iv. Whether the person, at the time of apprehension, appeared to be

under the influence of alcohol, prescription medication (with or

without a valid prescription), narcotic or dangerous drugs,

hallucinogens, or other substances;

v. The nature of the incident that lead to the emergency apprehension or

petition for evaluation;

vi. Input from the Community prosecutor at the time of filing of the

petition for involuntary commitment;

vii. Input from the psychiatrist, psychologist, nurse practitioner, or social

worker who performed the person’s evaluation following an

emergency apprehension;

viii. Other factors that affect the safety and welfare of the person and the

Community.

2) If the court orders temporary custodial detention of a person at an

appropriate medical or inpatient behavioral health facility, then the

detention order shall include the following information:

i. The basis for which the detention is ordered;

ii. The length of the detention.

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SEC. 10-226. HEARING PROCEDURES.

a) Time of hearing. A hearing on the petition for involuntary commitment shall be held

within 72 hours of the filing of such petition.

b) Right to attend and testify. All persons to whom notice has been given may attend the

hearing and testify. The judge may exclude from the hearing any person not necessary

for the conduct of the proceedings.

c) Witnesses. The proposed patient and his or her counsel and the petitioner may

present and cross examine witnesses. Opinions of examiners shall not be admitted

into evidence unless the examiner is present to testify and is subject to cross

examination. The judge may sequester any witness or witnesses.

d) Conduct of hearing. The hearing shall be governed by the rules of court and the rules

of evidence as set forth in this Community Code of Ordinances, or alternatively in the

federal rules of evidence. The judge shall admit all relevant evidence at the hearing.

The court shall take and preserve an accurate tape recording of the hearing, which

shall be subject to the provisions on confidentiality as set forth in section 10-228.

e) Standard of proof. If the judge finds by clear and convincing evidence that the person,

as a result of a mental disorder, is a danger to self, is a danger to others, is

persistently or acutely disabled or is gravely disabled and is in need of treatment, and

is either unwilling or unable to accept voluntary treatment, the judge shall order such

person to undergo inpatient treatmentorder COT. The judge shall consider

reasonable alternatives to commitment including, but not limited to, dismissal of the

petition, voluntary outpatient treatmentcare, assisted outpatient treatment (AOT),

and informal voluntary admission to a treatment facility.

e) Disposition.

1) Inpatient COT. The Court may order inpatient treatment for the following time

periods, renewable upon further hearing and findings:

i. 90 days for a person found to be a danger to self;

ii. 180 days for a person found to be a danger to others or a person found

to be persistently or acutely disabled;

iii. 365 days for a person found to be gravely disabled.

2) AOT. If risk can be mitigated in the community, the Court may order AOT for

up to one hundred eighty (180) days, renewable upon further hearing and

findings, specifying services such as psychiatry, therapy, case management,

medications, peer services, and care coordination.

f) Order.

1) The judge shall direct the entry of judgment.

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2) The court order shall be filed with the clerk of the court. Where the

Community court orders involuntary inpatient COT, the order shall be filed

with the clerk of the Superior Court of the State of Arizona.

3) Failure to comply with such an order shall not be punished criminally but may

be grounds for modification of the treatment plan or petition for

recommitment if criteria are again met.

g) Review hearings. The court shall order review hearings to occur at least every fortyfive (45) days to gauge compliance with and progress during COT or AOT.

The judge shall direct the entry of judgment, and may fine the facts specifically. The order

shall be filed with the clerk of the court. Where the Community's court orders involuntary

commitment for treatment, the order shall be filed with the clerk of the superior court of the

State of Arizona. The maximum periods of inpatient treatment which the court may order are

as follows:

SEC. 10-227. EXTENDED JURISDICTION FOR POST-RELEASE COMPLIANCE.

a) Upon discharge from inpatient treatment or expiration of a court-ordered treatment

period, the Court may, upon petition of a Behavioral Health Professional or the

Community Prosecutor and after notice and hearing, extend its jurisdiction for the

limited purpose of ordering compliance with a post-release treatment plan

developed by the treating Behavioral Health Professional.

b) Such plan may include medication management, outpatient therapy, case

management, peer support, and other clinically appropriate services.

c) An order under this subsection shall not exceed one hundred eighty (180) days but

may be renewed upon petition and continued findings that the person remains at risk

of decompensation or harm without adherence.

d) Failure to comply with such an order shall not be punished criminally but may be

grounds for modification of the treatment plan or petition for recommitment if criteria

are again met.

e) Jurisdiction under this subsection is ancillary to the Court’s civil commitment

jurisdiction and terminates automatically at the expiration of the order or upon

clinical discharge, whichever occurs first.

i.90 days for a person found to be a danger to self;

180 days for a person found to be a danger to others;

365 days for a person found to be gravely disabled.

SEC. 10-2287. PATIENT'S RIGHTS AT HEARINGS.

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a) At all hearings conducted pursuant to this article, a person shall have the right to an

analysis of his or her psychological condition by an independent evaluator who is

either a licensed physician or certified psychologist selected by the patient or his or

her legal counsel.

b) Information, admissions, or confessions given by a person to a physician or mental

health practitioner during the course of treatment or evaluation as ordered by the

court cannot be used against the person at a trial where he or she is a criminal

defendant charged with violating a tribal law.

c) At all hearings conducted pursuant to this article, a person shall have the right to

counsel. Where such person is indigent or cannot afford counsel, the court shall

appoint an attorney to represent him or her.

d) For purposes of transportation of persons to and from hearings, detention, and

commitment under this article, the Community court shall be the temporary

guardian of the person while in transit.

SEC. 10-2298. CONFIDENTIAL RECORDS.

All information and records obtained in the course of evaluation, examination or treatment

shall be kept confidential and not as public records, except as the requirements of a hearing

pursuant to this article may necessitate a different procedure. Information and records may

only be disclosed to:

1) Physicians, health practitioners and providers of health, mental health or social and

welfare services involved in caring for, treating or rehabilitating the person.

2) Individuals to whom the person has given consent to have information disclosed.

3) The judge to whom the case is assigned and the Community prosecutor.

4) Individuals legally representing the person.

5) Individuals authorized by a court order.

Secs. 10-23029—10-249. Reserved.

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10.2 Competency to stand trial

(a) Policy. A person shall not be tried, convicted, sentenced, or punished for a violation of

Community law while, because of a mental illness, defect, or disability, the person is unable to

understand the proceedings against him or her or to assist in his or her own defense.

(b) Definitions.

(1) Mental Illness, Defect, or Disability. “Mental illness, defect, or disability” means a

psychiatric or neurological disorder that is evidenced by behavioral or emotion symptoms,

including congenital mental conditions, conditions resulting from injury or disease, and

developmental disabilities.

(2) Incompetence. “Incompetence” means a defendant is unable to understand the nature

and objective of the proceedings or to assist in his or her defense because of mental illness,

defect, or disability. The presence of a mental illness, defect, or disability alone is not grounds

for finding a defendant incompetent to stand trial.

(3) Effect of Incompetence. A defendant may not be tried, convicted, or sentenced while

the defendant is incompetent. This does not bar a court from proceeding under Chapter 10,

Article VI.

(1) Timing. At any time after a complaint is filed but prior to sentencing, the court on motion, or

its own motion, order an examination of the defendant to determine whether a defendant is

competent to understand the proceedings against the defendant.

(2) Parties Authorized to Move for Competence Determination. The defense, prosecution, or the

court on its own motion, may move for competency evaluation.

(3) Motion to Determine Competence. The motion shall state the grounds upon which the mental

examination is sought. If the court determines that reasonable cause exists to warrant an

examination to determine defendant's competency, the court shall order that the defendant

undergo a mental health evaluation by a mental health professional to determine the defendant's

competency to stand trial.

(4) Guilty Except Insane. On the motion of the defendant or with the defendant's consent, the

court may order a screening examination for a guilty except insane plea to be conducted by a

mental health professional.

(d) Competency Evaluation.

(1) Generally. Upon finding reasonable cause, the court shall order a competency evaluation by

a qualified mental health expert.

(2) Mental Health Expert. “Mental health expert” means a license physician in good standing or

a licensed psychologist in good standing. A mental health expert has the following duties and

qualifications:

(A) conduct interviews and testing.

(B) review relevant records submitted including criminal records and medical history

submitted to the evaluator by the parties.

and involuntary commitment codes.

(D) be familiar with treatment, training, and restoration programs available.

(3) Competency Report. The mental health expert shall provide a written competency report to

the court within thirty (30) days of the court order authorizing the competency evaluation. The

report shall include following information:

(A) the defendant’s current mental status including a mental health diagnosis.

(B) the results of any mental examinations, scientific tests, experiments or comparisons

conducted on the defendant.

incompetent, but restorable within six (6) months of entering treatment.

(4) Custody During Evaluation. A defendant may be evaluated in-custody or out-of-custody.

Detainment shall be determined consistent SR-RCP Rule 8.

(5) Distribution of Report. Upon receipt of the report, the court will copy and distribute the

mental health expert's report to defendant's counsel. The defendant's counsel shall have five (5)

business days to redact any statements of the defendant or summary of the defendant's statements

pertaining to the charged offense from the written report and submit a copy of the report, with

any redactions, to the court for distribution to the prosecution. In any event, statements of the

defendant obtained under these provisions regarding the charged offense(s) or other crimes shall

not be admissible at or at any subsequent proceeding to determine guilt or innocence, without the

defendant's consent.

(e) Competency Hearing

(1) Hearing Requirements. Within thirty (30) days after the mental health professional's report

has been submitted to the court, the court shall hold a competency hearing to determine the

defendant's competency.

(2) Evidence. The defendant and the Community may introduce other evidence about the

defendant’s mental condition.

(3) Burden of Proof. The party asserting incompetence bears the burden of preponderance of

evidence.

(4) Judicial Findings. After the hearing, if the court:

(A) finds by preponderance of evidence that the defendant is competent, the court must

direct that proceeding continue without undue delay.

(B) finds by preponderance of evidence that the defendant is incompetent but restorable

within six (6) months of finding, the court shall order competency restoration treatment

as defined in SR-RCP Rule 10.2(f).

restorable, the court must dismiss the charges without prejudice. The court shall decide if

there is reasonable cause to believe the defendant poses an immediate danger to self or to

others, the defendant is severely disabled, due to a mental disorder, or defendant is

incompetent to refuse treatment. If the court finds that there is reasonable cause to

believe the defendant poses an immediate danger to self or to others, the defendant is

severely disabled, due to a mental disorder, or defendant is incompetent to refuse

treatment, the court shall order the emergency apprehension of the defendant, consistent

with SRO § 10-233, and refer the matter to the Office of the Community Prosecutor to

pursue action in accordance with Chapter 10, Title VI.

(5) Guardian Ad Litem Appointment. If the court finds the defendant incompetent, the court shall

appoint a guardian ad litem, through the Legal Services Office, to represent the defendant’s best

interests including exploring the need of a guardian, a conservator, or any other protective

measures. The guardian ad litem’s appointment extends to Salt River Pima-Maricopa Indian

Community Ordinances Chapter 10, Title VI proceedings.

(f) Competency Restoration

(1) Restoration Treatment Availability. Competency restoration treatment shall only be ordered

when a defendant has any pending class A charge(s). If a defendant is found incompetent and

defendant only has class B charges pending with no class A charge(s), the charges shall be

dismissed without prejudice.

(2) Treatment Goals and Plan. The court shall determine whether the defendant shall be

subjected to treatment without consent. A treatment plan shall be ordered to be completed by

Salt River Pima-Maricopa Indian Community Behavioral Health or their designee within ten (10)

days of the court’s finding that the defendant is incompetent but restorable. The treatment plan

shall cover the following:

(A) a proposed place where the treatment will occur.

(B) whether the treatment recommendation is inpatient or outpatient.

(D) the length of treatment recommendation.

(E) who is the assigned treatment supervisor.

(3) Treatment Order. A treatment order may be based on the treatment plan but shall specify:

(A) the place where the treatment will occur.

(B) whether the treatment will be inpatient or outpatient.

(D) that the court is to be notified if the defendant regains competence before the

expiration of the treatment order.

(E) that the treatment supervisor shall submit a review report every forty-five (45) days

updating the court concerning the status of the treatment consistent with SR-RCP Rule

10.2(f)(5).

(F) the date and time of the review hearing.

(4) Review Hearings. The court shall conduct review hearings every sixty (60) days during the

restoration period to review the defendant’s treatment progress. If during the restoration period

the treatment supervisor reports the defendant is competent, the court shall set further

proceedings consistent with SR-RCP Rule 10.2(g).

(5) Treatment Report.

(A) Generally. The court shall order the treatment supervisor to submit a report to the

court and provide copies of the report the defense counsel. Defense counsel shall have five (5)

days to redact any statements of the defendant or summary of the defendant's statements

pertaining to the charged offense from the written report and submit a copy of the report, with

any redactions, to the court for distribution to the prosecution.

(B) When to Report. The treatment supervisor shall submit a report to the court every

forty-five (45) days during the restoration period.

(i) A description of the nature, content, extent, and results of the supervisor’s

examination of the defendant and any tests the supervisor conducted.

(ii) the facts on which the treatment supervisor findings are based.

(iii) the treatment supervisor’s opinion regarding the defendant’s competence to

understand the court proceedings against the defendant and to assist in his or her defense.

(iv) if the treatment supervisor’s opinion is that the defendant remains

incompetent, the prognosis regarding the defendant’s restoration to competence and an estimate

of how long it will take to restore the defendant’s competence.

(6) Treatment Duration. Competency restoration cannot exceed six (6) months unless civil

commitment proceedings are initiated pursuant to Salt River Pima-Maricopa Indian Community

Code of Ordinances Chapter 10, Title VI or the court finds by preponderance of evidence that the

defendant is substantially progressing towards competence. Speedy trial rights are waived

pursuant to SR-RCP Rule 7.2.

(g) Restoration Hearing

(1) Grounds. The court shall set a Restoration Hearing upon receiving a Treatment Report that

the defendant has become competent to stand trial or at the expiration of the treatment duration.

(2) Competency Finding.

(A) If the court finds that the defendant is competent to stand trial, regular court

proceedings shall timely resume.

(B) If the court finds that the defendant remains incompetent but determines that there is

substantial progress and probability that the defendant will regain competence in the next three

(3) months, the court shall modify the treatment order to increase the treatment duration an

additional three (3) months.

substantial progress and probability that the defendant will regain competency within any

foreseeable treatment duration, the charges shall be dismissed. The defendant shall be released

from custody unless the court finds that the defendant’s mental condition warrants civil

commitment under Salt River Pima-Maricopa Indian Community Code of Ordinances Chapter

10, Title VI and further detainment under Sec. 10-225.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.