The Supreme Court of the State of Arizona recently issued an opinion setting forth the procedure for determining whether an individual is a “sexually violent person” (SVP). The case arose after prosecutors charged the Arizona defendant with one count of sexual conduct with a minor. The defense moved for a competency examination, and the trial court found him not competent and not restorable (NCNR).
In response, the prosecutors requested an SVP screening, arguing that the procedure was warranted under § 13-4518(A). The defendant argued that the statute did not require a screen, and it is an abuse of discretion for a trial court to order one when the record does not support the order. At a hearing on the issue, the defendant argued that although the State met two elements of the statute, that alone did not require the trial court to grant the request. Nevertheless, the trial court ordered the screening.
Under Arizona’s SVP Act, a sexually violent person is one who has “been convicted or been found guilty but insane of a sexually violent offense” or was charged as such and was found guilty but insane and has a mental disorder that makes it more likely that they will engage in sexually violent acts.