House of Representatives

SB 1045

competency; restoration

Sponsors: Senator Richardson, Representative Voss

DP	Committee on Counties & Municipalities
x	Committee on Appropriations
	Caucus and COW
	Third Read
	As Passed the House

SB 1045 amends current statute by allowing the Superior Court to appoint psychological experts in order to assess a prisoner’s competency to be executed, if there are concerns about the prisoner’s “restored to competency” status and stipulates the court shall conduct a competency hearing on the matter.

Current Status

SB 1045 passed the Counties & Municipalities Committee unamended.

History

If a prisoner is found incompetent to be executed by the chief medical officer of the Arizona State Hospital, the prisoner receives competency treatment while remaining on death row and until the chief medical officer certifies the prisoner as competent for execution.

In March of 2001, in the case of Amaya-Ruiz v. Stewart, the district court judge ruled that a prisoner who is found to have recovered mental competency for execution is entitled to due process protections and that Arizona’s statutory procedures for determining prisoner’s restoration of competency for execution are inadequate. The court ruled that the petitioner was entitled to evidentiary hearing of their competency claim.

Provisions

· Requires the Superior Court (Court) to appoint psychological experts to assess a prisoner’s competency to be executed, after a prisoner recovers competency and within ten days of the prisoner’s execution warrant.

· Stipulates that the Court shall conduct a competency hearing if there is a significant question about the prisoner’s competency to be executed.

· Allows the Court to determine the issue of competency without a hearing and based on the submitted reports, if the prisoner and the state agree.

· Authorizes the Court to appoint psychological experts after a prisoner’s competency has been certified but prior to the issuance of a death warrant, and upon the request of a party.

· Allows a party to file with the Court a petition for reviewing the Court’s decision within five days after the Court determines a prisoner’s competency to be executed.

· Requires that the costs of appointing psychological experts shall be paid from monies appropriated to the Department of Corrections.

· Permits a prisoner to directly challenge a certificate of competency for execution.

· Makes other technical and conforming changes.

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· 45th Legislature

· Second Regular Session 2 April 2, 2002

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