Official Summary Text
SB1113 - 572R - Senate Fact Sheet
Assigned to
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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
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Senate
Action
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3
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Read
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*on reconsideration
Prepared by Senate Research
June 11, 2026
MM/hk
Current Bill Text
Read the full stored bill text
SB1113 - 572R - H Ver
House Engrossed
Senate Bill
service of process;
evaluation agencies
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1113
AN
ACT
Amending section 36-510.01, Arizona
Revised Statutes; relating to mental health services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 36-510.01, Arizona Revised
Statutes, is amended to read:
START_STATUTE
36-510.01.
Notice;
personal service of process
A. A person who is ordered to undergo involuntary
evaluation has the right to receive by personal service the documents specified
in section 36-529, subsection E. A person who is the subject of a
petition for court-ordered treatment has the right to receive by personal
service the documents specified in section 36-536, subsection D. Personal
service shall be completed by a peace officer
,
or
a process server or
by
another person
authorized by rule 4, Arizona rules of civil procedure
as prescribed by law or court rule or as ordered by the court
,
personally handing the documents to the person receiving service. The person
who serves the specified documents must file a proof of service with the court
that specifies the date, time and manner of service.
B. In a proceeding under this chapter
involving a petition for court-ordered evaluation or court-ordered
treatment, if the proposed patient is
ADMITTED TO A
FACILITY THAT IS LICENSED AS A SCREENING AGENCY OR AN evaluation agency
PURSUANT TO THIS CHAPTER at the time the petition is filed, the court
may authorize a person employed by the
SCREENING AGENCY
OR evaluation agency to serve the documents specified in section 36-529,
subsection E or SECTION 36-536, subsection D, as applicable, on the
proposed patient.
B.
C.
A
county, city or town that employs peace officers may contract with a process
server
or another person authorized by rule 4, Arizona rules of
civil procedure
,
A SCREENING AGENCY OR AN EVALUATION
AGENCY
to provide service pursuant to this section instead of service by
a peace officer.
C.
D.
An
evaluation agency
OR SCREENING AGENCY
is not financially
responsible
under subsection A of this section
for
serving the documents required by section 36-529, subsection E or section
36-536, subsection D.
e. An evaluation agency or screening
agency may only receive reimbursement for the service of documents under
subsection B of this section pursuant to a contract with a county.
END_STATUTE