Sec 13-4512. Treatment order; commitment

A. The court may order a defendant to undergo out of custody competency restoration treatment. If the court determines that confinement is necessary for treatment, the court shall commit the defendant for competency restoration treatment to the competency restoration treatment program designated by the county board of supervisors.

B. If the county board of supervisors has not designated a program to provide competency restoration treatment, the court may commit the defendant for competency restoration treatment to the Arizona state hospital, subject to funding appropriated by the legislature to the Arizona state hospital for inpatient competency restoration treatment services, or to any other facility that is approved by the court.

C. A county board of supervisors that has designated a county restoration treatment program may enter into contracts with providers, including the Arizona state hospital, for inpatient, in custody competency restoration treatment. A county competency restoration treatment program may do the following:

1. Provide competency restoration treatment to a defendant in the county jail, including inpatient treatment.

2. Obtain court orders to transport the defendant to other providers, including the Arizona state hospital, for inpatient, in custody competency restoration treatment.

D. In determining the type and location of the treatment, the court shall select the least restrictive treatment alternative after considering the following:

1. If confinement is necessary for treatment.

2. The likelihood that the defendant is a threat to public safety.

3. The defendant's participation in and cooperation during an outpatient examination of competency to stand trial conducted pursuant to section 13-4507.

4. The defendant's willingness to submit to outpatient competency restoration treatment as a condition of pretrial release, if the defendant is eligible for pretrial release.

E. An order entered pursuant to this section shall state if the defendant is incompetent to refuse treatment, including medication, pursuant to section 13-4511.

F. A defendant shall pay the cost of inpatient, in custody competency restoration treatment unless otherwise ordered by the court. If the court finds the defendant is unable to pay all or a portion of the costs of inpatient, in custody treatment, the state shall pay the costs of inpatient, in custody competency restoration treatment at the Arizona state hospital that are incurred until:

1. Seven days, excluding Saturdays, Sundays or other legal holidays, after the hospital submits a report to the court stating that the defendant has regained competency or 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.

2. The treatment order expires.

3. Seven days, excluding Saturdays, Sundays or other legal holidays, after the charges are dismissed.

G. The county, or the city if the competency proceedings arise out of a municipal court proceeding, shall pay the hospital costs that are incurred after the period of time designated in subsection F of this section and shall also pay for the costs of inpatient, in custody competency restoration treatment in court approved programs that are not programs at the Arizona state hospital.

H. Payment for the cost of outpatient community treatment shall be the responsibility of the defendant unless:

1. The defendant is enrolled in a program which covers the treatment and which has funding available for the provision of treatment to the defendant, and the defendant is eligible to receive the treatment. Defendants in these circumstances may be required to share in the cost of the treatment if cost sharing is required by the program in which the defendant is enrolled.

2. The court finds that the defendant is unable to pay all or a portion of treatment costs or that outpatient treatment is not otherwise available to the defendant. For defendants in these circumstances, all or a portion of the costs of outpatient community treatment shall be borne by the county or the city if the competency proceedings arise out of a municipal court proceeding.

I. A treatment order issued pursuant to this section is valid for one hundred eighty days or until one of the following occurs:

1. The treating facility submits a report that the defendant has regained competency or 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.

2. The charges are dismissed.

3. The maximum sentence for the offense charged has expired.

4. A qualified physician who represents the Arizona state hospital determines that the defendant is not suffering from a mental illness and is competent to stand trial.

J. The Arizona state hospital shall collect census data for adult restoration to competency treatment programs to establish maximum capacity and the allocation formula required pursuant to section 36-206, subsection D. The Arizona state hospital or the department of health services is not required to provide restoration to competency treatment that exceeds the funded capacity. If the Arizona state hospital reaches its funded capacity in either or both the adult male or adult female restoration to competency treatment programs, the superintendent of the state hospital shall establish a waiting list for admission based on the date of the court order issued pursuant to this section.