Evolution of the Arizona Guilty Except Insane Defense
| 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 PSRB |
| Possible 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 sentence | |
| Initial 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 court | Not serious: Up to 75 days Serious: PSRB hearing 120 days after initial commitment; no sooner than 6 months thereafter | |
| Disposition | |||
| 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 defect | |
| Serious | |||
| 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.