Senate Engrossed

mental disorders; considerations; involuntary treatment

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

SENATE BILL 1059

AN ACT

amending title 36, chapter 5, article 4, Arizona Revised Statutes, by adding section 36-521.01; relating to court-ordered evaluation.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 36, chapter 5, article 4, Arizona Revised Statutes, is amended by adding section 36-521.01, to read:

START_STATUTE36-521.01. Considerations for screening, evaluation and involuntary treatment

A. A person who has a substance use disorder without any co-occurring mental disorder may not be considered for involuntary treatment pursuant to article 5 of this chapter.  A person who initially presents with impairments consistent with both a mental disorder and a substance use disorder is eligible for screening and evaluation pursuant to this article, and that person may be eligible for involuntary treatment pursuant to article 5 of this chapter if, after considering the person's history, an appropriate assessment of the person's current presentation, and a reasonable period of time to rule out substance abuse as the primary cause of the alleged behavior, the person's presentation is consistent with a mental disorder that would benefit from treatment.

B. A person who has an intellectual disability may not be considered for involuntary treatment pursuant to article 5 of this chapter unless, in addition to the intellectual disability, the person has a mental disorder that would benefit from treatment.

C. A person who presents with declining mental abilities that directly accompany impending death may not be considered for involuntary treatment pursuant to article 5 of this chapter.

D. A person with a character or personality disorder characterized by lifelong and deeply ingrained antisocial behavior patterns, including sexual behaviors that are abnormal and prohibited by statute, may not be considered for involuntary treatment pursuant to article 5 of this chapter unless the person also has a mental disorder that would benefit from treatment.

E. This section does not affect any time frames otherwise prescribed in this chapter. END_STATUTE