SB1113

Official summary

SB1113 - 572R - Senate Fact Sheet Assigned to HHS���������������������������������������������������������������������������������������������������������� AS PASSED BY HOUSE ARIZONA STATE SENATE Fifty-Seventh Legislature, Second Regular Session AMENDED FACT SHEET FOR S.B. 1113 service of process; evaluation agencies Purpose Allows the court, in proceedings for court-ordered evaluation or court-ordered treatment, to authorize an employee of a screening or evaluation agency to personally serve required petitions, notices and related documents on a proposed patient who is admitted to a screening or evaluation agency at the time the petition is filed. Background Statute outlines processes by which individuals may, voluntarily or under court order, be evaluated, admitted and treated by designated mental health providers, including approved evaluation agencies and mental health treatment agencies. Court-ordered evaluation is a process by which two behavioral health medical professionals complete a detailed analysis of an individual to assess whether the individual is: 1) a danger to themselves; 2) a danger to others; 3) persistently or acutely disabled; or 4) gravely disabled. Court-ordered evaluations must determine the severity of an individual's specific mental or behavioral health concern and the individual's capacity to adequately function and care for themselves. If it is determined that an individual meets one of the four outlined criteria, the evaluators must submit their findings to the superior court in the county where the individual resides so that a judge may determine whether the individual meets the necessary criteria to be ordered into treatment by a mental health treatment agency ( A.R.S. Title 36, Chapter 5 ; AHCCCS ). � Current statute grants persons ordered to undergo involuntary evaluation and persons subject to a petition for court-ordered treatment the right to receive required petitions, notices and related documents by personal service. The documents must be personally handed to the person receiving the service by a peace officer, process server or another person authorized by the Arizona Rules of Civil Procedure. The server must file proof of service with the court specifying the date, time and manner of service. Evaluation agencies are not financially responsible for serving these documents ( A.R.S. � 36-510.01 ). There is no anticipated fiscal impact to the state General Fund associated with this legislation. Provisions 1. Allows the court, in proceedings for court-ordered evaluation or court-ordered treatment, to authorize an employee of a screening or evaluation agency to personally serve required petitions, notices and related documents on a proposed patient who is admitted to a screening agency or evaluation agency at the time the petition for evaluation or treatment is filed. 2. Allows a person prescribed by law or court rule, or as ordered by the court, to provide personal service of documents relating to court-ordered treatment and court-ordered evaluation, rather than a person authorized by the Arizona Rules of Civil Procedure. 3. Allows a county, city or town that employs peace officers to contract with a screening agency or evaluation agency to provide service of process instead of a peace officer. 4. Allows a screening agency or evaluation agency to receive reimbursement for service of process only pursuant to a contract with a county. 5. Specifies that screening agencies are not financially responsible for the service of process. 6. Makes technical and conforming changes. 7. Becomes effective on the general effective date. Amendments Adopted by Committee of the Whole 1. Includes screening agency employees among those individuals authorized to serve documents on a proposed patient admitted to a screening agency or evaluation agency. 2. Specifies that neither evaluation agencies nor screening agencies are financially responsible for the service of documents. Amendments Adopted by the House of Representatives 1. Allows a county, city or town to contract with a screening or evaluation agency to provide service of process instead of a peace officer and limits reimbursement to contracted services. 2. Makes conforming changes. House Action ���������������������������������������������������������� Senate Action HHS��������������� 3/9/26������� DPA��� 12-0-0-0������������ HHS��������������� 1/21/26����� DP������������� 7-0-0������������������������� 3 rd Read��������� 4/13/26����������������� 37-17-6�������������� 3 rd Read��������� 2/26/26������������������������� 23-5-2 3 rd Read * ������� 6/11/26����������������� 42-15-3 *on reconsideration Prepared by Senate Research June 11, 2026 MM/hk