The Arizona Revised Statutes have been updated to include the revised sections from the 55th Legislature, 1st Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 55th Legislature, 2nd Regular Session, which convenes in January 2022.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
36-3717. Place of proceedings; transportation; immunity
A. Except as provided in subsection B of this section, a person who is detained or civilly committed pursuant to this article shall not be transported from a licensed facility under the supervision of the superintendent of the Arizona state hospital, except that a person may be transported to court for any of the following reasons:
1. A probable cause hearing pursuant to section 36-3705.
2. A trial pursuant to section 36-3706.
3. A hearing on a petition for conditional release to a less restrictive alternative pursuant to section 36-3709.
4. A hearing on a petition for discharge pursuant to section 36-3714.
5. Any evidentiary hearing in which the presence of a person who is detained or civilly committed pursuant to this article is necessary.
6. Any court proceeding not otherwise specified in this article where the presence of the detainee or committed person is required.
B. Subsection A of this section does not apply to any person whom the court has determined is subject to conditional release pursuant to section 36-3710 or to any necessary medical transports.
C. Subsection A of this section does not preclude any proceeding from being held on the grounds of the Arizona state hospital or from using a telephonic conference or an interactive audiovisual device. The court shall adopt rules concerning the conduct of proceedings pursuant to this article. The rules shall ensure the safety of all persons. The rules may include provisions that allow for proceedings to be held on the grounds of the Arizona state hospital or for the use of a telephonic conference or an interactive audiovisual device.
D. The department of health services is responsible for the transportation to and from a medical facility of a person who is detained or committed pursuant to this article. The department of health services shall determine the appropriate mode of transportation and level of security and restraint for the transportation needs of the person. In determining the appropriate mode of transportation and level of security and restraint, the department shall consider the safety of the public, the transporting personnel and the detained or committed person.
E. The department of health services and any county sheriff are immune from liability for any good faith acts under this section.