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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
court-ordered treatment; judicial review
Purpose
Modifies the judicial review process for persons receiving court-ordered mental health treatment, including procedures for requesting review, notice and reporting requirements, timelines for court action, rights to counsel and standards for continued 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 subject to court-ordered treatment, or a person acting on the patient’s behalf, may request release through a judicial review process in addition to seeking a writ of habeas corpus. A request for judicial review may be presented to any member of the treatment staff of the mental health treatment agency providing the patient’s 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. Judicial review is conducted in superior court in the county in which the patient is being treated and generally may not be requested sooner than 60 days after the initial order or a prior judicial review decision, except as specified. The court may review additional material presented and enter an order without a hearing or may order a hearing as necessary. 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, and the notice must be recorded in the patient’s clinical record (A.R.S. § 36-546; A.A.C. R9-21-506).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a patient receiving court-ordered treatment, or a person acting on the patient’s behalf, to request judicial review of the patient’s need for continued treatment.
2. 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 specified exceptions.
3. Allows a request for judicial review to be submitted in writing, by the patient, an attorney representing the patient or a health care decision-maker acting on the patient's behalf, to a member of the staff of the mental health treatment agency providing the patient’s treatment.
4. Allows the request for judicial review to be made on a form prescribed by the mental health treatment agency that includes the following information:
a) the name and date of birth of the patient being treated;
b) the mental health treatment agency assigned to supervise and administer the patient’s treatment program and, if applicable, the inpatient mental health treatment agency;
c) the name of the person to whom the request was presented and the date the request was received; and
d) whether the person making the request is the patient or a person acting on the patient’s behalf, including the name and contact information of the person making the request and the capacity in which the person is acting.
5. 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.
6. Stipulates that if a person presenting a judicial review request refuses to sign it, the medical director of the mental health treatment agency must proceed as if the request had been signed and note on the request the circumstances of the refusal.
7. Requires, within three business days after receiving the request, the medical director of the mental health treatment agency or the medical director’s designee to deliver the request, along with a current psychiatric report of the patient’s condition, to the clerk of the court.
8. 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.
9. 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.
10. Requires the medical director, 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.
11. 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.
12. 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.
13. Requires 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.
14. 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.
15. Allows a person entitled to notice to waive delivery.
16. Requires a patient, at the time a request for judicial review is made, to be informed of the right to consult an attorney by the person or court to whom the request is made.
17. 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.
18. Allows 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.
19. 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.
20. Requires the mental health treatment agency to prove by clear and convincing evidence that a patient continues to need court-ordered treatment.
21. 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.
22. Requires the court to review a request for judicial review within five judicial days after the request is filed.
23. Requires the court to review additional materials presented and allows the court to enter an order without a hearing.
24. Authorizes 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.
25. Allows the court to order an independent evaluation of the patient.
26. 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.
27. Requires a patient receiving inpatient treatment to remain in treatment until the court makes its determination.
28. Requires the court to notify the parties of the time and place of the hearing.
29. Removes the existing process for requesting a patient’s release from court-ordered treatment, including requirements related to written requests, forms and supporting documentation.
30. Specifies that rights and procedures relating to judicial review of a patient receiving court-ordered treatment are in addition to the rights and procedures for applying for a writ of habeas corpus.
31. Makes technical and conforming changes.
32. Becomes effective on January 1, 2027.
House Action
HHS 2/16/26 DP 12-0-0-0
3rd Read 3/9/26 41-11-7-0-1
Prepared by Senate Research
March 24, 2026
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