|
|
ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: HHS DP 7-0-0-0 |Third Read 21-6-3-0House: HHS DP 11-0-0-1 |
SB 1242: mental health; hearings; audiovisual technology
Sponsor: Senator Angius, LD 30
Caucus & COW
Overview
Permits the court to order a mental health evaluation or treatment hearing, or specified testimony during the hearing, to be conducted virtually by way of telephone, videoconferencing or another audiovisual technology if the court finds that this procedure will not unfairly prejudice a party or witness.
History
Current law establishes procedures under which individuals may be evaluated, admitted and treated by designated mental health providers, either voluntarily or pursuant to a court order. These providers include approved evaluation agencies and licensed mental health treatment agencies. Court-ordered evaluation involves two behavioral health professionals conducting a comprehensive assessment to determine whether the individual is: 1) a danger to self; 2) a danger to others; 3) persistently or acutely disabled; or 4) gravely disabled. The evaluation examines the severity of the individual’s mental or behavioral health condition, as well as the individual’s capacity to function and provide for their own care. If the evaluators conclude that the individual meets any of these statutory criteria, they must submit their findings to the superior court in the county of residence for a judicial determination as to whether court-ordered treatment is warranted (A.R.S. Title 36, Chapter 5; AHCCCS).
Provisions
1. Authorizes the court, on its own motion or by request of a party, to order a mental health evaluation and treatment hearing, or specified testimony by a party or witness during the hearing, to be conducted virtually by way of telephone, videoconferencing or another audiovisual technology, if the court finds that this procedure will not unfairly prejudice a party or witness. (Sec. 1)
2. Requires the court, in determining whether a proceeding should use audiovisual technology, to consider the inconvenience to or burden on a party or witness to attend the proceeding in person and the ability of all parties to be heard by other parties in attendance, including the judicial officer and, if applicable, the certified reporter or an electronic recording system. (Sec. 1)
3. Permits the Arizona Supreme Court to adopt rules for conducting virtual mental health hearings. (Sec. 1)
4. Makes technical and conforming changes. (Sec. 1-3)
5.
6.
7. ---------- DOCUMENT FOOTER ---------
8. Initials AG SB 1242
9. 3/2/2026 Page 0 Caucus & COW
10.
11. ---------- DOCUMENT FOOTER ---------