A. If after presentence investigation, the court desires more detailed information as a basis for determining the sentence to be imposed, it may commit the defendant to the custody of the department of corrections. The director of the department of corrections shall accept the commitment only when adequate staff and facilities are available. The notice to the court of acceptance of the commitment shall specify the time and place the defendant is to be received. The commitment shall not exceed ninety days. The department during that period shall conduct a complete study of the prisoner and shall by the expiration of the period of commitment return the prisoner to the court and provide the court with a written report of the results of the study, including whatever recommendations the department believes will be helpful in determining disposition of the case. After receiving the report and recommendations, if the court does not order a further diagnostic commitment under subsection B of this section, it shall sentence the defendant as authorized by section 13-603.
B. If after presentence investigation the court desires more detailed information about the defendant's mental condition, it may commit or refer the defendant to the custody of any diagnostic facility for the performance of psychiatric evaluation. The commitment or referral shall be for a period not to exceed ninety days. Within that period the facility shall return the prisoner to court and transmit to the court a diagnostic report, including whatever recommendations the facility may wish to make. After receiving the report and recommendations, if the court does not order a further diagnostic commitment under subsection A of this section, it shall sentence the defendant as authorized by section 13-603 or invoke the provisions of section 13-606.
C. In an appropriate case the court in its discretion may order diagnostic commitments under both subsections A and B of this section.
D. If after receiving a diagnostic report under subsection A or B of this section the court sentences the defendant to imprisonment, the period of commitment under either or both shall be credited to the sentence imposed.
Notes of Decisions
Cited in
6
cases, 1987–2005 · leading case:
State v. Cofield, 107 P.3d 930 (Ariz. Ct. App. 2005).
State v. Cofield, 107 P.3d 930 (Ariz. Ct. App. 2005).
· cites it 2× “, A.R.S. § 13-605(D) (2001) (mandating credit for presentence diagnostic commitment of defendant in custody of DOC to aid in sentencing); A.”
State v. Ritch, 774 P.2d 234 (Ariz. Ct. App. 1989).
· cites it 2× “* We note that A.R.S. §§ 13-605(D), 606(B), and 903(F) also mandate that a defendant be given credit for time spent in custody.”
State v. Reynolds, 823 P.2d 681 (Ariz. 1992).
“…different circumstances, the legislature has expressly outlined exactly what those circumstances are. See, e.g., § 13-605(D) (mandates credit for periods of commitment for diagnostic purposes); § 13-606(B) (mandates credit for periods of civil commitment); § 13-709(C)…”
State v. Mathieu, 795 P.2d 1303 (Ariz. Ct. App. 1990).
· cites it 2× “Moreover, the form used by our courts at the time of disposition provides for a defendant to be “sentenced” to probation. We also note a recent trend on the part of the legislature and our courts to accord credit for time spent in custody in a variety of circumstances.”
State v. Vasquez, 736 P.2d 803 (Ariz. Ct. App. 1987).
· cites it 2× “, A.R.S. §§ 13-605, 13-606 and 31-335; see also Green v.”
— Ariz. Rev. Stat. § 13-605(D) — 4 cases
State v. Cofield, 107 P.3d 930 (Ariz. Ct. App. 2005).
“, A.R.S. § 13-605(D) (2001) (mandating credit for presentence diagnostic commitment of defendant in custody of DOC to aid in sentencing); A.”
State v. Ritch, 774 P.2d 234 (Ariz. Ct. App. 1989).
“* We note that A.R.S. §§ 13-605(D), 606(B), and 903(F) also mandate that a defendant be given credit for time spent in custody.”
State v. Reynolds, 823 P.2d 681 (Ariz. 1992).
“…different circumstances, the legislature has expressly outlined exactly what those circumstances are. See, e.g., § 13-605(D) (mandates credit for periods of commitment for diagnostic purposes); § 13-606(B) (mandates credit for periods of civil commitment); § 13-709(C)…”
State v. Mathieu, 795 P.2d 1303 (Ariz. Ct. App. 1990).
“Moreover, the form used by our courts at the time of disposition provides for a defendant to be “sentenced” to probation. We also note a recent trend on the part of the legislature and our courts to accord credit for time spent in custody in a variety of circumstances.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.