Arizona Laws 36-4004. Petition for conditional release; procedures
A. If the medical director determines that the committed defendant‘s mental illness, defect or disability has so changed that the committed defendant is no longer dangerous if conditionally released to a less restrictive alternative, the medical director shall allow the committed defendant to petition the court for conditional release to a less restrictive alternative. The committed defendant shall serve the petition on the court and the attorney for the state. The court shall hold a hearing on the petition for conditional release to a less restrictive alternative within forty-five days after receiving the petition. The court may continue the hearing on the request of either party and a showing of good cause or on its own motion if the committed defendant will not be substantially prejudiced. Either party may request that the committed defendant be examined by the party’s own competent professional.
Terms Used In Arizona Laws 36-4004
- Attorney for the state: means the county attorney in the county where the committed defendant was found to be a committed defendant, or the attorney general, who represents this state at any proceedings held pursuant to this chapter. See Arizona Laws 36-4001
- Competent professional: means a person who is:
(a) Familiar with this state's criminal and involuntary commitment statutes and standards that are available in this state for persons with a mental illness, defect or disability. See Arizona Laws 36-4001
- Dangerous: means that, as a result of a mental illness, defect or disability, a person's continued behavior can reasonably be expected, on the basis of a mental health expert's opinion, to result in serious physical harm or death to another person. See Arizona Laws 36-4001
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Less restrictive alternative: means court-ordered treatment in a setting that is less restrictive than total confinement. See Arizona Laws 36-4001
- Medical director: means the medical director of the secure behavioral health residential facility in which the committed defendant resides. See Arizona Laws 36-4001
B. The attorney for the state has the burden of proving by clear and convincing evidence that the committed defendant’s mental illness, defect or disability has not changed and that the committed defendant remains dangerous if conditionally released to a less restrictive alternative or conditionally released.
C. This section does not prohibit the committed defendant from annually petitioning the court for conditional release to a less restrictive alternative without the approval of medical director. The medical director shall provide an annual written notice to the committed defendant of the committed defendant’s right to petition the court for conditional release to a less restrictive alternative without the approval of the medical director. The notice must contain a waiver of rights. The medical director shall submit the notice and waiver to the court with the annual examination report.
D. The committed defendant may be present at the hearing. Either party may request that the committed defendant be examined by the party’s own competent professional. The attorney for the state has the burden of proving by clear and convincing evidence that the committed defendant’s mental illness, defect or disability has not changed and that the committed defendant remains dangerous if conditionally released to a less restrictive alternative. If the state does not meet its burden of proof, the committed defendant shall be discharged from treatment.
E. At the conclusion of a hearing, if the court finds that there is no legally sufficient evidentiary basis to conclude that the conditions prescribed in section 36-4006 have been met, the court shall deny conditional release to a less restrictive alternative.