The Arizona Revised Statutes have been updated to include the revised sections from the 55th Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 1st Regular Session, which convenes in January 2023.
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.
36-4010 - Place for proceedings; transportation; immunity
36-4010. Place for proceedings; transportation; immunity
A. A committed defendant may not be transported from a secure state mental health facility, except that a committed defendant may be transported to court for any of the following reasons:
1. A hearing on a biannual examination.
2. A hearing on a petition for conditional release to a less restrictive alternative pursuant to section 36-4005.
3. A hearing on a petition for discharge pursuant to section 36-4009.
4. Any evidentiary hearing in which the presence of a committed defendant is necessary.
5. Any court proceeding not otherwise specified in this article where the presence of the committed defendant is required.
B. Subsection A of this section does not apply to any committed defendant who the court has determined is subject to discharge pursuant to section 36-4009 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 a secure state mental health facility 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 a secure state mental health facility or for the use of a telephonic conference or an interactive audiovisual device.
D. The medical director is responsible for transporting a committed defendant to and from a medical facility. The medical director shall determine the appropriate mode of transportation and level of security and restraint for the transportation needs of the committed defendant. In determining the appropriate mode of transportation and level of security and restraint, the medical director shall consider the safety of the public, the transporting personnel and the detained or committed defendant.
E. The medical director and any county sheriff are immune from liability for any good faith acts under this section.