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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
mental disorders; consideration; involuntary treatment
Purpose
Modifies the definition of mental disorder and outlines circumstances under which a person cannot be considered for involuntary treatment.
Background
Current statue defines mental disorder as a substantial disorder of the person's emotional process, thought, cognition or memory and is distinguished from conditions related to drug or alcohol abuse, intellectual disability, declining mental abilities accompanying impending death and character and personality disorders. Statue outlines the application and screening processes for court-ordered evaluation of a person who is alleged to be dangerous due to a mental disorder and permits any responsible individual to apply for a court-ordered evaluation of a person who is alleged to be, because of a mental disorder, a danger to themselves or to others. Similarly, any responsible individual may apply for a court-ordered evaluation of a person with a persistent, acute or grave disability who is unwilling or unable to undergo a voluntary psychiatric evaluation (A.R.S. §§ 36-501, 36-520 & 36-521).
There is no fiscal anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Modifies the definition of mental disorder to eliminate references to conditions related to drug or alcohol abuse, intellectual disability, declining mental abilities accompanying impending death and character and personality disorders.
2. Permits a person who has impairments consistent with mental disorder and substance use disorder to be screened, evaluated and treated if, after considering the person's history, an appropriate exam and a reasonable period of detoxification, the impairments of mental disorder persist or recur.
3. Precludes a person who has substance use disorder without a co-occurring mental disorder from being considered for involuntary treatment.
4. Prohibits a person who has an intellectual disability from being involuntarily treated unless the person additionally has a mental disorder that would benefit from treatment.
5. Prohibits a person with declining mental abilities that directly accompany impending death from being involuntarily treated.
6. Prohibits a person with character or personality disorder characterized by lifelong antisocial behavior patterns from being involuntarily treated unless the person also has a mental disorder that would benefit from treatment.
7. Becomes effective on the general effective date.
Prepared by Senate Research
January 15, 2021
CRS/gs