Rule 11.5. Hearing and orders

a. Hearing. Within 30 days after the expert reports have been submitted to the court, the court shall hold a hearing to determine the defendant's competency. The parties may introduce other evidence regarding the defendant's mental condition, or by written stipulation, submit the matter on the experts' reports.

b. Orders. After the hearing:

(1) If the court finds that the defendant is competent, proceedings shall continue without delay.

(2) If the court determines that the defendant is incompetent and that there is no substantial probability that the defendant will become competent within 21 months of the date found incompetent, it may, upon request of any party,

(i) Remand defendant to Department of Health Services to begin civil commitment proceedings pursuant to Title 36, Chapter 5;

(ii) Order appointment of a guardian pursuant to Title 14, Chapter 5;

(iii) Release the defendant from custody and dismiss the charges without prejudice.

(3) If the court determines that the defendant is incompetent, it shall order competency restoration treatment unless there is clear and convincing evidence that defendant will not regain competency within 15 months. The court shall determine whether the defendant should be subject to involuntary treatment and may extend the treatment for six months beyond the 15 month limit if it finds defendant is making progress toward restoration of competency. All treatment orders shall specify the place where treatment will occur; whether the treatment is inpatient or outpatient pursuant to A.R.S. ยง 13-4512(A); transportation to the treatment site; length of treatment; and transportation after treatment. The treatment order shall specify that the court shall be notified if the defendant regains competency before the expiration of the order of commitment.

c. Modification of Order. The court may modify any order under Rule 11.5(b)(3) at any time.

d. Reports. The court shall order the person supervising defendant's court-ordered restoration treatment to file a report with the court, the prosecutor, the defense attorney and the clinical liaison as follows: 1) for inpatient treatment, 120 days after the court's original treatment order and each 180 days thereafter; 2) for outpatient treatment, every 60 days; 3) when the person supervising the defendant believes defendant is competent to stand trial; 4) when the person supervising the defendant concludes defendant will not be restored to competence within 21 months of the court's finding of incompetence; 5) 14 days before the expiration of the court's treatment order.

The treatment supervisor's report must include at least the following:

(1) the name of the treatment supervisor;

(2) description of the nature, content, extent and results of the examination and tests conducted;

(3) facts on which the treatment supervisor's findings are based; and

(4) treatment supervisor's opinion as to defendant's competency to understand the nature of the court proceeding and assist in his or her defense.

If the treatment supervisor finds the defendant remains incompetent, the report must also include:

(5) nature of the mental disease, defect or disability that is the cause of the incompetency;

(6) prognosis as to defendant's restoration to competency and estimated time period for restoration to competence;

(7) recommendations for treatment modifications.

If the treatment supervisor finds the defendant has regained competence, the report must also include any limitations imposed by medications used in restoration treatment.