Article Figures & Data
Tables
Trial Phase Before 1993 1993: Addition of PSRB 2007: Addition of Corrections Test Mental disease or defect resulted in not knowing the nature or quality of the act or that the act was wrong Mental disease or defect of such severity he did not know criminal act was wrong; exclusions for impulsive acts and antisocial behaviors Evidence Clear and convincing Burden of proof Defendant Verdict Not responsible for criminal conduct by reason of insanity Guilty except insane Post-verdict Jurisdiction Court Not serious: Court
Serious: PSRB*Not serious: Court (until release hearing)
Serious: Incarceration in the Department of Corrections under the jurisdiction of PSRBPossible length of jurisdiction When criteria for discharge† is met, the person is no longer mentally ill or dangerous Not serious: Up to 75 days (discharge or civil commitment may follow)
Serious: Length of presumptive sentenceInitial commitment Arizona State Hospital Length of initial evaluation period Court hearing within 50 days; subsequent hearings no sooner than 6 months; for a serious offense, cannot be released for at least 120 days‡
A release hearing may be held whenever the secure mental health facility petitions the courtNot serious: Up to 75 days
Serious: PSRB hearing 120 days after initial commitment; no sooner than 6 months thereafterDisposition Not serious Criteria same for Serious or Not Serious (see below) Continued hospitalization or civil commitment for persistent mental disease or defect
Discharge when a defendant proves by clear and convincing evidence he no longer suffers from mental disease or defectSerious Continued hospitalization Suffering from mental disease/defect or danger PSRB finds applicant still suffers from a mental disease or defect and is dangerous Conditional release Granted by court based on same criteria for conditional release used in civil commitment PSRB finds applicant still suffers from mental disease or defect but is not dangerous (requires a treatment plan to be in place) Unconditional release# Not applicable Applicant proves to PSRB by clear and convincing evidence “he no longer suffers from a mental disease or defect” and is not dangerous Discharge Applicant proves he is no longer suffering from mental disease or defect and no longer dangerous Not applicable: There is no mechanism for a person adjudicated guilty except insane to be discharged from insanity jurisdiction prior to the end of the presumptive sentence Transfer to corrections Not applicable PSRB finds person no longer needs treatment, but “is dangerous or has a propensity to reoffend” Arizona Guilty Except Insane Defense (A.R.S. 13-502, 13-3994). PSRB, Psychiatric Security Review Board.
↵* Treatment facility may petition the court to hold a hearing at any time.
↵† Discharge: no longer under insanity jurisdiction.
↵‡ Serious Offense: Case involves death or threat of death or serious physical injury to another person determined by trial court.
# Unconditional Release: Termed “release” in the statute. Person remains under jurisdiction of the PSRB, but with less stringent supervision and presumably no requirement of a supervised treatment plan.
