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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: HHS DP 12-0-0-0 |
HB 2923: court-ordered treatment; judicial review
Sponsor: Representative Hernandez C, LD 21
Caucus & COW
Overview
Modifies timelines, procedures and notification requirements related to judicial review for court-ordered mental health treatments.
History
A person placed under a court order for mental health treatment has the right to request release from the treatment order through a judicial review process in addition to the writ of habeas corpus. A written request for judicial review may be presented to any member of the treatment staff of the agency providing treatment and must be delivered to the medical director, who is required to file the request and a current psychiatric report with the clerk of the court within three days. During court-ordered treatment, the patient must be informed at least once every 60 days of the right to judicial review and the right to consult with counsel, with the notice recorded in the clinical record (A.R.S. § 36-546) (A.A.C. R9-21-506).
Judicial review is conducted in superior court in the county where the patient is being treated. Requests for review generally may not be made sooner than sixty days after the initial order or a prior judicial review resolution, except for specified categories of patients. The reviewing court may review submitted materials and issue an order without a further hearing or may order an evidentiary hearing as necessary. Individuals subject to court-ordered treatment are entitled to access counsel for purposes of judicial review and habeas corpus proceedings and counsel is authorized to take actions necessary to protect the patient's rights during review (A.R.S. § 36-546).
Provisions
1. Allows a patient receiving court-ordered treatment or any person acting on the patient's behalf to request that the court review whether the patient is still in need of continued court-ordered treatment. (Sec. 1)
2. States judicial review is not available for an issue that has an administrative remedy pursuant to rules adopted by the Arizona Health Care Cost Containment System (AHCCCS). (Sec. 1)
3. Specifies that the prescribed rights and procedures are in addition to the rights and procedures for applying for a writ of habeas corpus as provided in statute. (Sec. 1)
4. Prohibits a request for judicial review from being made sooner than 90 days after the original order for court-ordered treatment is entered. (Sec. 1)
5. Prohibits, with exceptions, a request for a subsequent judicial review from being made sooner than 60 days after an order deciding a previous request for judicial review is entered. (Sec. 1)
6. Allows a written request for judicial review to be presented to any member of the treatment staff of the mental health treatment agency providing the patient's treatment. (Sec. 1)
7. Allows the request to be made by the patient, an attorney representing the patient or a health care decision-maker acting on behalf of the patient. (Sec. 1)
8. Allows the request to be made on a prescribed form that is prepared by the mental health treatment agency and made available for use by any person. (Sec. 1)
9. Outlines what must be contained on the mental health treatment agency's prescribed form. (Sec. 1)
10. Requires a mental health treatment staff member who receives a written request for judicial review to promptly deliver the request to the medical director of the mental health treatment agency. (Sec. 1)
11. Requires the medical director of the mental health treatment agency, if the person presenting the request refuses to sign the form, to proceed as if the request has been signed and note on the request the circumstances why the request was not signed. (Sec. 1)
12. Requires the medical director of the mental health treatment agency, within three days after receiving the request, to deliver the request along with a current psychiatric report of the patient's condition to be filed with the clerk of the court. (Sec. 1)
13. Requires the current psychiatric report to express the opinion of the medical director of the mental health treatment agency as to whether the patient continues to meet the criteria for court-ordered treatment. (Sec. 1)
14. Requires the medical director to state an opinion regarding a patient's ability to accept and follow through with recommended voluntary treatment if the medical director is of the opinion that a court order for treatment is no longer needed because the patient is willing to accept voluntary treatment. (Sec. 1)
15. Requires the medical director, in rendering such opinion, to consider the patient's history of compliance with treatment both before and after the court order was entered, including information relevant to the history of patient's behavior during and before the court order was entered from persons known to the mental health treatment agency who have a significant relationship with the patient. (Sec. 1)
16. Lists the individuals who are required to be notified by the medical director within three days of a request for judicial review that is being filed with the court for further action. (Sec. 1)
17. Establishes requirements for the delivery, certification and receipt of a request for judicial review. (Sec. 1)
18. Requires the Medical Director, if delivery is not accomplished, to certify all efforts to accomplish delivery and state the reasons the delivery could not be accomplished. (Sec. 1)
19. Allows a person entitled to the notice to waive the delivery. (Sec. 1)
20. Entitles a patient receiving court-ordered treatment with the right to consult with and receive assistance of an attorney to prepare a request for judicial review or a petition for habeas corpus and represent the patient at any hearing. (Sec. 1)
21. Requires the patient, at the time the patient makes a request for judicial review, to be informed of their right to consult an attorney. (Sec. 1)
22. Requires the mental health treatment agency where the patient is being treated to promptly notify the reviewing court of the patient's request for appointment of an attorney if the patient is not represented by an attorney and request one be appointed. (Sec. 1)
23. Requires the court, within two business days after receiving notice of a patient's request, to appoint an attorney to assist the patient in preparing a petition and represent the patient in any hearing. (Sec. 1)
24. Declares the patient or person acting on the patient's behalf has the burden of proving, by clear and convincing evident, that the patient is entitled to release from court-ordered treatment. (Sec. 1)
25. Specifies that unless the court finds the patient's treatment is illegal on other grounds, the patient is prohibited from being released from court-ordered treatment unless the court finds that treatment is no longer required because the patient is no longer in need of court-ordered treatment or is willing and able to accept voluntary treatment. (Sec. 1)
26. Requires the court to review any additional materials and enter its order without a hearing within five judicial days after the request for judicial review is filed. (Sec. 1)
27. Establishes procedures, timeframes and requirements for hearings regarding judicial review of court-ordered treatment. (Sec. 1)
28. Makes technical and conforming changes. (Sec. 1)
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32. Initials AG HB 2923
33. 2/13/2026 Page 0 Caucus & COW
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