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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
mental health; hearings; audiovisual technology
Purpose
Allows 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.
Background
Statute outlines processes by which individuals may, voluntarily or under court order, be evaluated, admitted and treated by designated mental health providers, including approved evaluation agencies and mental health treatment agencies. Court-ordered evaluation is a process by which two behavioral health medical professionals complete a detailed analysis of an individual to assess 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 assesses the severity of the individual’s mental or behavioral health condition and the individual’s ability to function and care for themself. If it is determined that an individual meets one of the four outlined criteria, the evaluators must submit the findings to the superior court in the county where the individual resides for judicial consideration of whether the statutory criteria for court-ordered treatment are met (A.R.S. Title 36, Chapter 5; AHCCCS).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the court, on its own motion or by request of a party, to order mental health evaluation and treatment hearings, 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.
2. Requires the court, in determining whether use of audiovisual technology is appropriate, 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.
3. Allows the Arizona Supreme Court to adopt procedures for conducting virtual mental health hearings.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 26, 2026
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