Arizona Laws 13-3997. Hearing on motion of a person under the jurisdiction of the court
A. A person who is under the jurisdiction of the court may request and the court shall grant a hearing not sooner than one hundred twenty days after the person is committed to a secure mental health facility. After the initial hearing or any subsequent hearing, a person may request and the court shall grant a hearing not sooner than twenty months after the previous hearing.
Terms Used In Arizona Laws 13-3997
- Conditional release: means release from a secure mental health facility under the specified written conditions. See Arizona Laws 13-3991
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- 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
- Sufficient cause: means a reasonable belief that the circumstance is true or necessary and is less than a preponderance. 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. The court, with sufficient cause, may grant a motion for a hearing by the person at any time.
C. If the person is requesting a change in conditional release status, the request must include a proposed form of order and may be accompanied by a mental health report.
D. If the person is conditionally released to the community and believes that rehospitalization is necessary to protect the person’s safety or the safety of the public, the person may present himself to the outpatient treatment supervisor and request that the outpatient treatment supervisor consult with the secure mental health facility and request that the chief medical officer for the secure mental health facility sign an order for immediate readmission to the secure mental health facility. The court shall set a hearing pursuant to section 13-3998. The inpatient and outpatient treatment supervisors shall submit a mental health report to the court within seven days after the person is readmitted.