Read the full stored bill text
SB1243 - 572R - S Ver
Senate Engrossed
court-ordered
treatment; guardians; notice; release
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1243
AN
ACT
Amending sections 36-541.01 and 36-543,
Arizona Revised Statutes; relating to court-ordered treatment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 36-541.01, Arizona Revised
Statutes, is amended to read:
START_STATUTE
36-541.01.
Release or discharge from treatment before expiration of period
ordered by court; notification of intent to release or discharge; hearing;
immunity
A. A patient who is found to have a grave disability
or a persistent or acute disability and who is ordered to undergo treatment
pursuant to this article may be released from inpatient treatment when, in the
opinion of the medical director of the mental health treatment agency, the
level of care offered by the
mental health treatment
agency is no longer required. The patient may agree to continue
treatment voluntarily. If the patient is to be released, the medical director
of the mental health treatment agency
shall arrange for an
appropriate alternative placement.� If the patient who is to be released from
inpatient treatment is under a guardianship, the medical director of the mental
health treatment agency shall notify the guardian and any relevant regional
behavioral health authority
at least
ten days before the
intended release date that the patient no longer requires the level of care
that is offered by the
mental health treatment
agency. The guardian and, if relevant, the regional behavioral
health authority shall arrange alternative placement with the advice and
recommendations of the medical director of the mental health treatment agency.
�
The guardian and, if relevant, the
regional behavioral health authority may waive the ten-day notice
required by this subsection.
B. A patient who is ordered to undergo treatment
pursuant to this article may be released from treatment before the expiration
of the period ordered by the court if, in the opinion of the medical director
of the mental health treatment agency, the patient no longer is, as a result of
a mental disorder, a danger to others or a danger to self or no longer has a
persistent or acute disability or a grave disability.
A person
who is ordered to undergo treatment as a danger to others or who has had a
petition filed by a prosecutor pursuant to section 13-4517 may not be
released or discharged from treatment before the expiration of the period for
treatment ordered by the court unless the medical director first gives notice
of intention to do so as provided by this section.
If the
patient who is to be released from treatment is under a guardianship, at least
ten days before the intended release date the medical director of the mental
health treatment agency shall notify the guardian that in the opinion of the
medical director of the mental health treatment agency the patient no longer
is, as a result of a mental disorder, a danger to others or a danger to self or
no longer has a persistent or acute disability or a grave disability and that
the mental health treatment agency intends to release the patient from
treatment. A guardian is not required to file a demand for notice pursuant to
this subsection.
C. Before the release or discharge of a patient who
is ordered to undergo treatment
pursuant to this article and
BEFORE the expiration of the period for treatment ordered by the court
,
the medical director of the mental health treatment agency shall notify the
following of the
medical director's
intention
of the medical director of the mental health treatment agency
to release or discharge the patient:
1. The presiding judge of the court that entered the
order for treatment.
2. Any relative or victim of the patient who has
filed a demand for notice with the
treatment agency
court
.
3. Any person found by the court to have a
legitimate reason for receiving notice.
4. The patient's guardian.
D. If the patient is undergoing court-ordered
treatment as the result of a petition filed by a
prosecuting
agency
prosecutor
pursuant to section 13-4517,
all of the following apply:
1. The person may not be released or
discharged from treatment before the expiration of the period for treatment
ordered by the court unless the medical director of the mental health TREATMENT
agency first gives notice as provided in this subsection.
2.
The medical director of the
mental health treatment agency shall notify the court and the prosecuting
agency if a civil commitment order issued pursuant to this chapter expires or
is terminated, or if the patient is discharged to outpatient treatment.
3.
The medical director
of the mental health treatment agency
shall provide this notice
by mail at least five days before the anticipated date of the expiration,
termination or discharge.
4.
This subsection does not
apply to amended orders that are a result of the patient's need for acute or
emergency care during the period of court-ordered treatment.
E. If the medical director of the
mental health treatment agency is unable to determine, based on the information
submitted pursuant to subsection F of this section, that a person who has filed
a demand for notice is a victim, the medical director shall inform that person
that that person's demand for notice is denied and that notice will not be
given unless ordered by the court pursuant to subsection G of this section.
F.
E.
A
demand for notice by a relative or victim, and a petition for notice by other
persons, shall be
filed with the court and shall be made
on
a form prescribed by the administration
,
and
shall include
including
the following information:
1. The full name of the PATIENT and
the MEntal health number assigned to the case by the superior court.
1.
2.
The
full name of the person to receive notice.
2.
3.
The
address to which notice is to be mailed.
3.
4.
The
telephone number of the person to receive notice.
4.
5.
The
familial
relationship
of the person
to the patient, if any
, or the reasons why the person believes
the person has a legitimate reason to receive notice
.
6. The factual basis for the person's
claim that the person is a victim entitled to notice pursuant to this section.
7. The reasons why the person
believes the person has a legitimate reason to receive notice.
5.
8.
A
statement that the person will advise the
mental health
treatment agency in writing by certified mail, return receipt requested, of any
change in the address to which notice is to be mailed.
6. The full name of the patient who is
ordered to undergo treatment as a danger to others or who has had a petition
filed by a prosecutor pursuant to section 13-4517.
7. The mental health number assigned
to the case by the superior court.
G.
F.
If
When
the court receives a demand for
notice by a relative or victim,
if the court determines that the
relative or victim filing the demand for notice is entitled to notice before
releasing or discharging the patient,
the court shall order the medical
director of the mental health treatment agency not to release or discharge the
patient before the expiration of the period of court-ordered treatment
without first giving notice to the relative or victim as provided in subsection
H
G
of this section. After considering
a petition for notice, if the court finds that the petitioner has a legitimate
reason for receiving prior notice, the court may order the medical director of
the mental health treatment agency not to release or discharge the patient from
inpatient treatment before the expiration of the period of court-ordered
treatment without first giving notice to the petitioner as provided in
subsection
H
G
of this
section. Any order for notice shall be delivered to the mental
health treatment agency and shall be filed with the patient's clinical record.
If the patient is transferred to another agency or institution, any orders for
notice shall be transferred with the patient.
H.
G.
A
notice of intention to release or discharge shall include the following
information:
1. The name of the patient to be released or
discharged.
2. The type of release or discharge.
3. The date of anticipated release or discharge.
Notices
H. A notice of intention to release
or discharge
shall be placed in the mail, postage prepaid and addressed
to the court and to each person for whom notice has been ordered
or who is entitled to receive notice pursuant to this section
, at least
ten days before the date of intended release or discharge, except that notice
shall be sent to the prosecuting agency at least five days before the date of
intended release or discharge. For purposes of computing the notice
requirement, the day of mailing shall not be counted.
I. Any person for whom prior notice is required
pursuant to this section, or the court, may make a motion within the
notification period that requires the court to determine whether the standard
for release of the patient before the expiration of the period for court-ordered
treatment has been met. A determination that the standard for
release has been met may be made by the court based on a review of the record
and any affidavits submitted without further hearing. For good
cause, the court may order an evidentiary hearing. Whether or not a
hearing is held, the court shall make a determination at the earliest possible
time but
no
not
longer than three
weeks after the anticipated date of release pursuant to subsection
H
G
of this section, and the patient shall
be retained for the additional time required for the court's
determination. In making its determination the court may order an
independent examination of the patient. If a motion is not made, the
patient may be released in accordance with the terms set forth in the notice
without further court order. If a hearing is held pursuant to this subsection,
the court shall order the medical director of the mental health treatment
agency to provide the patient's records, including medical and treatment records,
to the court
, any independent examiner
and the
prosecuting agency.
J. If the court determines that the
standard for release has not been met, the court shall order the patient to
continue treatment under the court order for treatment until the expiration of
the court order.
J.
K.
If
a motion has not been made pursuant to subsection I of this section, the
patient may be released or discharged and the medical director of the mental
health treatment agency shall send to the court a certificate that the patient
is no longer a danger to others or a danger to self or no longer has a
persistent or acute disability or a grave disability as the result of a mental
disorder and therefore is released before the expiration of the period ordered
for treatment. The court shall enter an order terminating the
patient's court-ordered treatment.
K.
L.
The
medical director of the mental health treatment agency shall not be held
civilly liable for any acts committed by a patient who is released before the
expiration of the period of court-ordered treatment if the medical
director
of the mental health treatment agency
has in
good faith followed the requirements of this section.
END_STATUTE
Sec. 2. Section 36-543, Arizona Revised
Statutes, is amended to read:
START_STATUTE
36-543.
Annual review; patients with a grave disability or a persistent
or acute disability; notice; court order for continued treatment; rules;
immunity
A. Within ninety days before the expiration of a
court order for treatment, the medical director of the mental health treatment
agency shall conduct an annual review of a patient who has been found to have a
grave disability or a persistent or acute disability and who is undergoing
court-ordered treatment to determine whether the continuation of court-ordered
treatment is appropriate and to assess the needs of the patient for
guardianship or conservatorship, or both. The annual review shall
consist of the mental health treatment and clinical records contained in the
patient's treatment file.
In determining whether a
continuation of court-ordered treatment is appropriate, as part of its
annual review the mental health treatment agency shall solicit, accept and
consider information relevant to the history of the patient's behavior during
and before the period of court-ordered treatment from persons known to
the mental health treatment agency who have a significant relationship with the
proposed patient, including family members and guardians.
The
mental health treatment agency shall keep a record of the annual review. If the
medical director
of the mental health treatment agency
believes that a continuation of court-ordered treatment is appropriate,
the medical director of the mental health treatment agency shall appoint one or
more psychiatrists to carry out a psychiatric examination of the
patient. In any proceeding conducted pursuant to this section, a
patient has the right to have an analysis of the patient's mental condition by
an independent evaluation pursuant to section 36-538.
B. Each examiner participating in the psychiatric
examination of the patient shall submit a report to the medical director of the
mental health treatment agency that includes the following:
1. The examiner's opinions as to whether the patient
continues to have a grave disability or a persistent or acute disability as the
result of a mental disorder and be in need of continued court-ordered
treatment. In evaluating the patient's need for continued
court-ordered treatment, the examiner must consider, along with all other
evidence, the patient's history before and during the current period of court-ordered
treatment, the patient's compliance with recommended treatment and any other
evidence relevant to the patient's ability and willingness to follow
recommended treatment with or without a court order.
2. A statement as to whether suitable alternatives
to court-ordered treatment are available.
3. A statement as to whether voluntary treatment
would be appropriate.
4. A review of the patient's status as to
guardianship or conservatorship, or both, the adequacy of existing protections
of the patient and the continued need for guardianship or conservatorship, or
both. If the examiner concludes that the patient's needs in these
areas are not being adequately met, the examiner's report shall recommend that
the court order an investigation into the patient's needs.
5. If the patient has an existing guardian who does
not have the mental health powers authorized pursuant to section 14-5312.01,
a recommendation as to whether the additional mental health powers authorized
by section 14-5312.01 should be imposed on the existing guardian and
whether the patient's needs can be adequately addressed by a guardian with
mental health powers without the need for a court order for treatment or
whether the court order for treatment should continue regardless of the
additional mental health powers imposed on the guardian.
6. The results of any physical examination conducted
during the period of court-ordered treatment if relevant to the
psychiatric condition of the patient.
C. After conducting the annual review as prescribed
in this section, if the medical director
of the mental health
treatment agency
believes that continued court-ordered treatment
is necessary or appropriate, not later than thirty days before the expiration
of the court order for treatment, the medical director
of the
mental health treatment agency
shall file with the court an application
for continued court-ordered treatment alleging the basis for the
application and shall file simultaneously with the application any psychiatric
examination conducted as part of the annual review. If the patient
is under guardianship, the medical director
of the mental health
treatment agency
shall mail a copy of the application to the patient's
guardian.
After conducting the annual review as prescribed in
this section, if the patient is under a guardianship and the medical director
of the mental health treatment agency decides not to file an application for
continued court-ordered treatment, the mental health treatment agency
shall notify the patient's guardian of this decision at least thirty days
before the expiration of the court order for treatment. The guardian may
request that the patient be evaluated by an independent evaluator pursuant to
section 36-538.
D. At least fifteen days before the
expiration of the court order for treatment, the patient's guardian may file
with the court an application for continued court-ordered treatment
alleging the basis for the application and shall file simultaneously with the
application any psychiatric examination conducted on the patient to support the
application. The application and any hearing held pursuant to this subsection
shall comply with subsections E, F and G of this section.
D.
E.
If an application for continued court-ordered
treatment is filed, all of the following apply:
1. If the patient
does not have an attorney, the court shall appoint an attorney to represent the
patient.
2. Within ten days after appointment, an attorney
appointed pursuant to this subsection, to the extent possible, shall fulfill
the duties imposed pursuant to section 36-537, review the
medical
director's
report
of the medical director of the mental
health treatment agency
and the patient's medical records, interview any
physician who prepared a report on the annual review and file a response
requesting a hearing or submitting the matter to the court for a ruling based
on the record without a hearing.
3. If a hearing is not requested, the court shall
rule on the application or set the matter for hearing. If a hearing is
requested, the hearing shall be held within three weeks after the request for
hearing is filed. The hearing may be continued for good cause on motion of a
party or on the court's own motion, and the expiration of the current court
order for treatment may be extended until a ruling by the court on an
application filed pursuant to this subsection.
4. The patient's attorney must be present at all
hearings and may subpoena and cross-examine witnesses and present evidence. The
patient has the right to attend all hearings, but may choose not to attend a
hearing. The patient's attorney may waive the patient's presence after speaking
with the patient and confirming that the patient understands the right to be
present and does not desire to attend. If the patient is unable to
be present at the hearing for medical or psychiatric reasons and the hearing
cannot be conducted where the patient is being treated or confined, or the
patient cannot appear by another reasonably feasible means, the court shall
require clear and convincing evidence that the patient is unable to be present
at the hearing and on such a finding may proceed with the hearing in the
patient's absence.
5. The evidence presented by the applicant includes
the testimony of one or more witnesses acquainted with the patient during the
period of court-ordered treatment, which may be satisfied by a statement
agreed on by the parties, and the testimony of any physician who performed an
annual review of the patient, which may be satisfied by stipulating to the
admission of the examining physicians' written report prepared pursuant to
subsection B of this section. The court may waive the need for the
applicant to present the testimony of witnesses acquainted with the patient as
required by this subsection, if it finds that the need for a continued court
order for treatment has been established by clear and convincing evidence from
the other testimony and evidence presented at the hearing.
6. At a hearing held pursuant to this subsection,
the court, with notice, may impose on an existing guardian additional powers
pursuant to section 14-5312.01. If the court finds that the
patient's needs can be adequately met by an existing guardian with the
additional powers pursuant to section 14-5312.01 and that a court order
for treatment is not necessary to ensure compliance with necessary treatment,
the court may terminate the court order for treatment or decline to issue an
order continuing court-ordered treatment. The court may also order
an investigation into the need for guardianship or conservatorship, or both,
and may appoint a suitable person or agency to conduct the investigation. The
appointee may include a court-appointed guardian ad litem, a court-appointed
investigator pursuant to section 14-5308 or the public fiduciary if there
is no person willing and qualified to act in that capacity. The
court shall give notice of the appointment to the appointee within three days
after the appointment. The appointee shall submit the report of the
investigation to the court within twenty-one days. The report
shall include recommendations as to who should be guardian or conservator, or
both, and the findings and reasons for the recommendation. If the investigation
and report so indicate, the court may authorize an appropriate person to file a
petition for appointment of a guardian or conservator for the patient.
E.
F.
If
a hearing is held pursuant to subsection
D
E of this
section, the party seeking the renewal of the court order must prove all of the
following by clear and convincing evidence:
1. The patient continues to have a mental disorder
and, as a result of that disorder, has either a persistent or acute disability
or a grave disability.
2. The patient is in need of continued court-ordered
treatment.
3. The patient is either unwilling or unable to
accept treatment voluntarily.
F.
G.
After
a hearing held pursuant to subsection
D
E
of this section, the court may order the patient to be
released from court-ordered treatment or to undergo continued
court-ordered treatment for a period not to exceed the time periods prescribed
in section 36-540, subsection D.
G.
H.
The
director shall create and operate a program to ensure that the examination and
review of persons with grave disabilities or persistent or acute disabilities
under court order are carried out in an effective and timely
manner. The director shall adopt rules needed to operate this
program.
H.
I.
The
medical director of the mental health treatment agency is not civilly liable
for any acts committed by the released patient if the medical director has in
good faith complied with the requirements of this article.
END_STATUTE