Arizona Revised Statutes

Ariz. Rev. Stat. § 8-291.08 (2026)

Competency hearings; restoration orders

✓ current as of May 2026

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8-291.08. Competency hearings; restoration orders

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.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 2006–2025 · leading case: In Re Eddie O., 253 P.3d 296 (Ariz. Ct. App. 2011).

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In Re Eddie O., 253 P.3d 296 (Ariz. Ct. App. 2011). · cites it 14× “AR.S. § 8-291.08. “‘Incompetent’ means a juvenile who does not have sufficient present ability to consult with the juvenile’s lawyer with a reasonable degree of rational understanding or who does not have a rational and factual understanding of the proceedings against the…”

Nowell v. Rees, 199 P.3d 654 (Ariz. Ct. App. 2008). · cites it 2× “A.R.S. § 8-291.08(D) (2007). 4 . Because we count the time from November 2004, when Nowell was originally found to be incompetent, to July 2006, before any appellate proceeding commenced, we need not consider whether the time the issue was pending before this court counts toward…”

In Re Hyrum H., 131 P.3d 1058 (Ariz. Ct. App. 2006). · cites it 2× “Potts also concluded that the juveniles could not be educated or restored to competency within 240 days pursuant to A.R.S. § 8-291.08 (Supp.2005) and specifically noted that the juveniles were neurologically immature and distraetable, consistent with ADHD.”

In Re Eric W., 271 P.3d 486 (Ariz. Ct. App. 2012). · cites it 15× “08 provides in part as follows: "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…”

E v. v. Hon. Abrams (Ariz. Ct. App. 2022). · cites it 11× “¶5 This case centers on the interplay between subsections (C) and (D) of § 8-291.08, which governs competency hearings and restoration orders: C.”

In Re Delinquency of J.U. (Ariz. Ct. App. 2025). · cites it 2× “A.R.S. § 8-291.08(C). ¶10 As part of the restoration process, the court periodically holds hearings to review the juvenile’s progress toward competency.”

— Ariz. Rev. Stat. § 8-291.08(0) — 1 case

In Re Eddie O., 253 P.3d 296 (Ariz. Ct. App. 2011). “AR.S. § 8-291.08. “‘Incompetent’ means a juvenile who does not have sufficient present ability to consult with the juvenile’s lawyer with a reasonable degree of rational understanding or who does not have a rational and factual understanding of the proceedings against the…”

— Ariz. Rev. Stat. § 8-291.08(A) — 1 case

In Re Eric W., 271 P.3d 486 (Ariz. Ct. App. 2012). “08 provides in part as follows: "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…”

— Ariz. Rev. Stat. § 8-291.08(B) — 1 case

— Ariz. Rev. Stat. § 8-291.08(C) — 4 cases

In Re Delinquency of J.U. (Ariz. Ct. App. 2025). “A.R.S. § 8-291.08(C). ¶10 As part of the restoration process, the court periodically holds hearings to review the juvenile’s progress toward competency.”

E v. v. Hon. Abrams (Ariz. Ct. App. 2022). “¶5 This case centers on the interplay between subsections (C) and (D) of § 8-291.08, which governs competency hearings and restoration orders: C.”

— Ariz. Rev. Stat. § 8-291.08(D) — 4 cases

Nowell v. Rees, 199 P.3d 654 (Ariz. Ct. App. 2008). “A.R.S. § 8-291.08(D) (2007). 4 . Because we count the time from November 2004, when Nowell was originally found to be incompetent, to July 2006, before any appellate proceeding commenced, we need not consider whether the time the issue was pending before this court counts toward…”

E v. v. Hon. Abrams (Ariz. Ct. App. 2022). “¶5 This case centers on the interplay between subsections (C) and (D) of § 8-291.08, which governs competency hearings and restoration orders: C.”

— Ariz. Rev. Stat. § 8-291.08(E)(5) — 1 case

— Ariz. Rev. Stat. § 8-291.08(d) — 1 case

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