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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
court-ordered treatment; guardians; notice; release
Purpose
Adds the guardian of a patient who is court-ordered to treatment to the list of persons whom a medical director of a mental health agency (medical director) must notify prior to releasing or discharging the patient. Modifies the list of information that is included on a demand for notice and establishes procedures to allow the guardian of an outlined patient to submit an application to continue court-ordered treatment.
Background
If, after a petition and hearing for court-ordered treatment, the court finds by clear and convincing evidence that a patient, as a result of a mental disorder, is a danger to self or others or has a persistent, acute or grave disability and is in need of treatment but is either unwilling or unable to accept voluntary treatment, the court must order the patient to undergo: 1) treatment in a program of outpatient treatment; 2) treatment in a program consisting of combined inpatient and outpatient treatment; or 3) inpatient treatment in a mental health treatment agency in a hospital as specified (A.R.S. § 36-540).
A patient who is court-ordered to treatment may be released from treatment before the expiration of the period ordered by the court if in the opinion of the medical director the patient no longer is, 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. Before the release or discharge of a patient who is ordered to undergo treatment, the medical director must provide notice of the intention to release or discharge the patient to: 1) the presiding judge of the court that entered the order for treatment; 2) any relative or victim of the patient who has filed a demand for notice with the treatment agency; and 3) any person found by the court to have a legitimate reason for receiving notice (A.R.S. § 36-541.01).
A mental disorder is 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).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds the guardian of a patient who is court-ordered to treatment to the list of persons to be notified before the patient's release or discharge or before the expiration of the court-ordered treatment period.
2. Allows a guardian and regional behavioral health authority, if relevant, 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.
3. Requires 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 and that in the opinion of the medical director 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.
4. Specifies that a guardian is not required to file a demand for notice of early release of a patient as outlined.
5. 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.
6. Modifies the list of information included 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.
7. Requires the court, rather than the medical director, to determine whether a person who files a demand for notice is a victim.
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.
9. Adds an independent examiner to 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.
10. Stipulates 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.
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.
12. Stipulates that the medical director must 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.
13. Allows 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.
14. Requires
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.
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.
16. Makes technical and conforming changes.
17. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Allows guardians and regional behavioral health authorities to waive the 10-day notice requirement of the intended release of a patient as outlined.
Senate Action
JUDE 1/28/26 DP 7-0-0
Prepared by Senate Research
February 24, 2026
ZD/KS/ci