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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: HHS DP 12-0-0-0 | Third Read 41-11-7-0-1 |
HB 2923: court-ordered treatment; judicial review
Sponsor: Representative Hernandez C, LD 21
House Engrossed
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. 2)
2. 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. 2)
3. Prohibits a request for judicial review from being made earlier than 60 days after:
a. the original order for court-ordered treatment is entered; or
b. a prior judicial review decision is entered, with exceptions. (Sec. 2)
4. 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. 2)
5. 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. 2)
6. 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. 2)
7. Lists the information that must be included in the request for judicial review for court-ordered mental health treatment. (Sec. 2)
8. 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. 2)
9. 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. 2)
10. 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. 2)
11. 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. 2)
12. Requires the medical director of the mental health treatment agency to issue an opinion that court-ordered treatment is no longer needed if a patient is willing to accept voluntary treatment, even if the patient continues to have a mental disorder. (Sec. 2)
13. Requires the medical director of the mental health treatment agency, when rendering an opinion, to consider the patient’s history of behavior and compliance with treatment both before and after the court order was entered. (Sec. 2)
14. Requires, within three days after receiving a request for judicial review, the medical director of the mental health treatment agency to notify the patient's guardian, if applicable, that a request for judicial review has been presented to the mental health treatment agency and is being filed with the court for further action. (Sec. 2)
15. Requires delivery of notice to be accomplished through any reasonable means designed to provide immediate notice, including electronic transmission with receipt confirmation or hand delivery. (Sec. 2)
16. Instructs the medical director of the mental health treatment agency to certify delivery and receipt of the notice by a statement in the documents delivered to the court or by a separate written certificate filed with the court. (Sec. 2)
17. Requires, if delivery is not accomplished, the mental health treatment agency to certify all efforts made to accomplish delivery and to state the reasons delivery could not be accomplished. (Sec. 2)
18. Allows a person entitled to the notice to waive the delivery. (Sec. 2)
19. Requires the patient, at the time the patient makes a request for judicial review, to be informed of their right to consult an attorney by the person or court to whom the request is made. (Sec. 2)
20. Requires, in the case of confinement in a mental health treatment agency, the reviewing court to inform the patient of the right to consult an attorney within one day after receiving notice from the medical director of the mental health treatment agency. (Sec. 2)
21. Permits a patient to consult an attorney to assist in the preparation of a petition for a writ of habeas corpus and to represent the patient in the hearing. (Sec. 2)
22. Requires the reviewing court, within two days after notifying the patient of the right to counsel, to appoint an attorney if the patient is not represented by counsel to assist in preparing a petition and to represent the patient in the hearing. (Sec. 2)
23. Tasks the mental health treatment agency with the burden of proving by clear and convincing evidence that a patient continues to need court-ordered treatment. (Sec. 2)
24. Prohibits a patient from being released from court-ordered treatment unless the court finds that treatment is no longer required because the patient is no longer, as a result of a mental disorder, a danger to self or others or no longer has a persistent or acute disability or a grave disability or is willing and able to accept and follow through with treatment voluntarily. (Sec. 2)
25. Directs the court to review a request for judicial review within five judicial days after the request is filed. (Sec. 2)
26. Instructs the court to review additional materials presented and allows the court to enter an order without a hearing. (Sec. 2)
27. Allows the reviewing court to order a hearing on its own motion, on motion of the patient’s attorney or on motion of the person filing the request on behalf of the patient. (Sec. 2)
28. Permits the court to order an independent evaluation of the patient. (Sec. 2)
29. Requires a hearing, if ordered, to be held as soon as possible but not later than 15 calendar days after the request for judicial review is filed and allows the hearing to be continued for good cause. (Sec. 2)
30. Requires a patient receiving inpatient treatment to remain in treatment until the court makes its determination. (Sec. 2)
31. Requires the court to notify the parties of the time and place of the hearing. (Sec. 2)
32. Removes the existing process for requesting a patient’s release from court-ordered treatment, including requirements related to written requests, forms and supporting documentation. (Sec. 2)
33. Makes technical and conforming changes. (Sec. 1-2)
34. Contains an effective date of January 1, 2027. (Sec. 2)
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Initials AG HB 2923
2/13/2026 Page 0 House Engrossed
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