Arizona Laws 36-4006. Conditional release to a less restrictive alternative; findings
Before the court orders that a committed defendant be conditionally released to a less restrictive alternative, the court shall find that all of the following apply:
Terms Used In Arizona Laws 36-4006
- 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
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Writing: includes printing. See Arizona Laws 1-215
1. The committed defendant will be treated by a competent professional.
2. The competent professional presents a specific course of treatment for the committed defendant, agrees to assume responsibility for the committed defendant’s treatment, will report on the committed defendant’s progress to the court on a regular basis and will report any violations as prescribed in paragraphs 4 and 5 of this section immediately to the court, the attorney for the state and the medical director.
3. The committed defendant who is conditionally released to a less restrictive alternative has housing arrangements that are sufficiently secure to protect the community and the person or agency that is providing the housing to the conditionally released committed defendant agrees in writing to the following conditions:
(a) To accept the conditionally released committed defendant.
(b) To provide the level of security that the court requires.
(c) To immediately report the unauthorized absence of the conditionally released committed defendant from the housing arrangement to which the committed defendant has been assigned.
4. The committed defendant will comply with the competent professional and all of the requirements that are imposed by the competent professional and the court.
5. The committed defendant will comply with the supervision requirements that are imposed by the court or the medical director.