Arizona Laws 13-3996. Hearing on request of the treatment supervisor; requirements; release terms
A. On the request of a treatment supervisor, the court shall grant a hearing to review the status of the person under supervision. The treatment supervision shall include in the request the specific reasons for requesting the hearing and include any records, under seal, of communications and reports that support the need for the hearing. The treatment supervisor shall submit the request to the court and the parties simultaneously and include a mental health report under seal.
Terms Used In Arizona Laws 13-3996
- Conditional release: means release from a secure mental health facility under the specified written conditions. See Arizona Laws 13-3991
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Mental health report: means a report that is written by a treatment supervisor or other qualified expert, that documents the condition of a person's mental health and that, at a minimum, includes all of the following:
(a) The person's mental condition, symptoms and diagnosis on admission to a secure mental health facility. See Arizona Laws 13-3991
- Parties: includes the person under the court's jurisdiction, the secure mental health facility, the outpatient treatment supervisor and the county attorney or the attorney general who is representing the state. See Arizona Laws 13-3991
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Secure mental health facility: means a secure state mental health facility that is under the department of health services. See Arizona Laws 13-3991
- Treatment supervisor: means a qualified expert who is a person's supervising and treating clinician. See Arizona Laws 13-3991
B. If the treatment supervisor’s recommendation includes a request for the addition of or changes to conditional release status, a proposed form of order must accompany the request for a hearing.
C. If a treatment supervisor believes that the person has violated a conditional release term or that the person’s mental health has deteriorated and:
1. If the person is residing in a secure mental health facility, the treatment supervisor may suspend the person’s conditional release pending the hearing and a determination by the court. The treatment supervisor shall file a written mental health report under seal, including the circumstances and the reasons for any proposed change, to the court and the parties within seven days after the request for a hearing.
2. If the person is conditionally released to the community, the court may order the person’s return to hospitalization and set a hearing pursuant to section 13-3998. If the person is returned to hospitalization, the outpatient treatment supervisor shall submit a mental health report to the court and the parties within three days after a request is made pursuant to this subsection. The mental health report must provide all of the information that was considered before granting the return order.
3. If the safety of the community or the person is not at risk, the court may allow the person to remain in the community subject to the person’s conditional release terms. If the person remains in the community, the outpatient treatment supervisor shall submit a mental health report to the court and the parties within seven days after the request is made pursuant to this subsection.
D. If the person is conditionally released to the community and the outpatient treatment supervisor has reasonable cause to believe that the person’s mental health has deteriorated such that immediate rehospitalization is necessary to protect the safety of the public or any person, the outpatient treatment supervisor shall consult with the secure mental health facility, and the chief medical officer for the secure mental health facility may sign an order directing the person’s return and members of the treatment team may transport the person to the secure mental health facility. The person shall be immediately admitted to the secure mental health facility. The outpatient treatment supervisor shall inform the court and the parties within one court day after the person’s return. On receiving the notice, the court shall set a hearing pursuant to section 13-3998. The outpatient treatment supervisor shall submit a written mental health report to the court and the parties within three days after the person’s return and must include all of the information that was considered before ordering the person’s return.