Arizona Laws 13-3999. Hearing on expiration of jurisdiction
A. At least thirty days before the expiration of jurisdiction over a person pursuant to section 13-502, the court shall set an expiration hearing and order the treatment supervisor to provide to the court and the parties a mental health report. The mental health report must include an evaluation of whether the person may be a danger to self or others or has a persistent and acute or grave disability and whether the person meets the criteria for involuntary hospitalization pursuant to title 36, chapter 5.
Terms Used In Arizona Laws 13-3999
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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. At an expiration hearing and based on the evidence presented, the court may allow jurisdiction to expire without further action or may order the county attorney of the committing county to begin proceedings for court-ordered evaluation pursuant to title 36, chapter 5.
C. If the court orders an evaluation for a person who resides in the community, the order must require the person’s appearance at a specified time and location and participation in the evaluation before the expiration of jurisdiction. The treatment supervisor shall assist the person with securing transportation to the location of the evaluation.
D. If the court orders an evaluation for a person who resides in a secure mental health facility, the court must order the sheriff of the committing county to transport the person at a specified time and location so that the person may participate in the evaluation before the expiration of supervisory jurisdiction over the person.