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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: JUDE DP 7-0-0-0 | Third Read 22-5-3-0House: HHS DP 10-0-0-2 |
SB 1243: court-ordered treatment; guardians; notice; release
Sponsor: Senator Angius, LD 30
Caucus & COW
Overview
Includes guardians of court-ordered patients among those the medical director of a mental health agency must notify before a patient’s release or discharge. Makes modifications to the information that is included on a demand for notice and establishes procedures to allow the guardian of a patient to submit an application to continue court-ordered treatment.
History
Current law defines a mental disorder as a substantial disorder of a person's emotional processes, thought, cognition or memory and is distinguished from: 1) conditions that are primarily those of drug abuse, alcoholism or intellectual disability, unless the person has a mental disorder; 2) the declining mental abilities that directly accompany impending death; and 3) character and personality disorders characterized by lifelong and deeply ingrained antisocial behavior patterns, including sexual behaviors that are abnormal and prohibited by statute unless the behavior results from a mental disorder (A.R.S. § 36-501).
If, following a petition and hearing for court-ordered treatment, the court determines by clear and convincing evidence that a patient’s mental disorder makes them a danger to themselves or others, or causes a persistent, acute, or severe disability, and the patient is unwilling or unable to accept voluntary treatment, the court must order one of the following: 1) outpatient treatment; 2) combined inpatient and outpatient treatment; or 3) inpatient treatment at a hospital-based mental health treatment agency, as specified (A.R.S. § 36-540).
A court-ordered patient may be released from treatment before the end of the court-ordered period if the medical director determines that, due to the patient’s mental disorder, they are no longer a danger to themselves or others and no longer have a persistent, acute, or grave disability. Before releasing or discharging the patient, the medical director must notify: 1) the presiding judge who issued the treatment order; 2) any relative or victim who has requested notice from the treatment agency; and 3) any person the court has identified as having a legitimate interest in receiving notice (A.R.S. § 36-541.01).
Provisions
1. Permits a guardian and, if relevant, a regional behavioral health authority to waive the 10-day notice requirement regarding the intended release of a patient who no longer requires the level of care offered by a mental health treatment agency. (Sec. 1)
2. Directs the medical director, at least 10 days before the early release of a patient under guardianship, to notify the guardian that the mental health treatment agency intends to release the patient from treatment and that in the medical director's opinion the patient no longer, as a result of a mental disorder:
a. is a danger to self or others; or
b. has a persistent or acute disability or a grave disability. (Sec. 1)
3. Adds that a guardian is not required to file a demand for notice of early release of a patient as prescribed. (Sec. 1)
4. Adds the guardian of a patient who is court-ordered to treatment to the list of persons to be notified before:
a. the patient's release or discharge; or
b. before the expiration of the court-ordered treatment period. (Sec. 1)
5. Adds that if a patient is undergoing court-ordered treatment the patient is prohibited from being released or discharged from treatment before the expiration of the period for court-ordered treatment unless the medical director of the mental health treatment agency first gives notice as specified. (Sec. 1)
6. Specifies that a demand for notice by a relative or victim and petitions for notice by other persons must be filed with the court in addition to being made on a form prescribed by the Arizona Health Care Cost Containment System. (Sec. 1)
7. Makes modifications to the information listed on a demand for notice to:
a. provide the full name for the patient court ordered to treatment, rather than only those court ordered as a danger to self or others or pursuant to court order finding that the patient is dangerous and incompetent to stand trial;
b. specify the familial relationship between the patient and the person seeking notice; and
c. require the factual basis for the person's claim that the person is a victim who is entitled to notice. (Sec. 1)
8. Requires the court to determine that the relative or victim filing a demand for notice is entitled to notice before ordering the medical director to provide notice prior to the release of the patient or expiration of the court-ordered period of treatment. (Sec. 1)
9. Includes independent examiners in the list of persons to whom the medical director must provide a patient's records when a hearing is held to determine whether the standard for release of the patient before the expiration for court-ordered treatment has been met. (Sec. 1)
10. Specifies that the court must order the patient to continue treatment until the expiration of the court order if the court determines that the standard for release has not been met. (Sec. 1)
11. Requires a mental health treatment agency, as part of the agency's annual review in determining whether a continuation of court-ordered treatment is appropriate, to solicit, accept and consider information from persons with a significant relationship to the patient and that is relevant to the patient's behavior during and before the court-ordered treatment. (Sec. 2)
12. Directs the mental health treatment agency to notify a patient's guardian at least 30 days before the expiration of court-ordered treatment if the medical director decides not to file an application to continue court-ordered treatment. (Sec. 2)
13. Permits a patient's guardian to:
a. request that an independent evaluation of the patient be performed if the medical director decides not to file an application for continued court-ordered treatment; and
b. at least 15 days before the expiration of the court order for treatment, file an application with the court for continued court-ordered treatment that alleges the basis for the application. (Sec. 2)
14. Instructs a patient's guardian to simultaneously file, with an application to continue court-ordered treatment, any psychiatric examination conducted on the patient to support the application. (Sec. 2)
15. Requires an application and hearing to continue court-ordered treatment that is initiated by a guardian of a patient to comply with the procedures prescribed for applications to continue court-ordered treatment that are filed by the medical director. (Sec. 2)
16. Makes technical and conforming changes. (Sec. 1-2)
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20. Initials AG SB 1243
21. 3/5/2026 Page 0 Caucus & COW
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