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8-291.08 Competency hearings

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The state bar of arizona
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A. Within thirty days after a report is filed pursuant to section 8-291.07, the court shall hold a hearing to determine if a juvenile is competent to stand trial. The parties may introduce other evidence regarding the juvenile’s mental condition or may submit the matter by written stipulation on the mental health expert’s report or reports.

B. If the court finds that the juvenile is competent to stand trial, the proceedings shall continue without delay.

C. If the court initially finds that the juvenile is incompetent but may be restored to competency, the court shall order that the juvenile undergo an attempt at restoration to competency.

D. If the court initially finds that the juvenile is incompetent and there is not a substantial probability that the juvenile will be restored to competency within two hundred forty days, the court shall dismiss the matter with prejudice and shall initiate civil commitment proceedings, if appropriate. The court may appoint a guardian ad litem to proceed with a dependency investigation.

E. All restoration orders that are issued by the court shall specify the following:

1. The name of the restoration program provider and the location of the program.

2. Transportation to the program site.

3. The length of the restoration program.

4. Transportation after the program ends.

5. The frequency of reports.

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