The Arizona Supreme Court has ruled that prosecutors can refile criminal charges against defendants previously found incompetent to stand trial and not restorable, without first obtaining court approval. Prosecutors only need a reasonable belief that the defendant’s competency may have changed, which is a lower standard than before. The ruling stems from Carson v. Gentry, in which Joel Carson, charged with first-degree murder, was declared not competent and not restorable in 2022. His charges were dismissed but later refiled after his release from a mental health facility, as per the Arizona Supreme Court news release.
The court also clarified that A.R.S. § 13-4517(A)(4) applies retroactively, allowing prosecutors to request a dangerousness trial. Such trials are used to establish whether a defendant committed the offense and poses a danger to others, which can justify compulsory commitment.
Vice Chief Justice John R. Lopez IV, writing for a unanimous court, stated that prosecutors should not be required to seek judicial approval before refiling charges. The ruling also confirmed that a prior NCNR (not competent, not restorable) finding can support a dangerousness petition based on the same conduct, and delays in filing do not prevent such a petition.
