SB 1210
Initials AG Page 1 Health & Human Services
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
Senate: HHS DPA 6-2-0-0 | 3
rd
Read 17-12-1-0
SB 1210: mentally ill; transportation; evaluation; treatment
Sponsor: Senator Barto, LD 15
Committee on Health & Human Services
Overview
Permits a court, a person or evaluation agency to authorize apprehension and transportation of a
proposed patient to an evaluation agency or mental health agency by an authorized transporter.
Creates the Study Committee on Alternative Behavioral Health Transportation (Study Committee)
and outlines membership and duties.
History
Any responsible individual may apply for a court-ordered evaluation of a person who is alleged to
be, as a result of a mental disorder, a danger to self or to others or a person with a persistent or
acute disability or a grave disability and that is unwilling or able to undergo involuntary evaluation.
Statue outlines the type of data that must be included in the evaluation application and requires it
to be signed and notarized (A.R.S. §§ 36-520 and 36-523).
A peace officer, on the advice of the admitting officer of the evaluating agency regarding
emergency examination and admission of a proposed patient must apprehend and transport a
person to an evaluation agency. In instances in which statutory emergency admission procedures
are not available, a peace officer may take into custody any individual the peace officer has
reasonable cause to believe is, as a result of a mental disorder, a danger to self or others and
that during the time necessary to complete prepetition screening procedures the person is likely
without immediate hospitalization to suffer serious physical harm or serious illness or inflict
serious physical harm on another person. The peace officer must transport the individual to a
screening agency unless the person's conditions or the agency's location or hours makes such
transportation impractical, in which event the person must be transported to an evaluation agency.
A peace officer who makes good faith efforts to follow statutory requirements is not subject to civil
liability (A.R.S. § 36-524 and 36-525).
Provisions
1. Permits a court, a person or evaluation agency to authorize, request or order the apprehension
and transportation of a patient or proposed patient by an authorized transporter to an
evaluation agency or mental health agency if there are reasonable grounds to believe that the
patient or proposed patient may be safely apprehended and transported by an authorized
transporter without the assistance of a peace officer. (Sec. 2)
2. Outlines the individuals or entities that are not civilly liable for the apprehension and
transportation of a proposed patient, except under acts of gross negligence. (Sec. 2)
3. States that evaluation agencies are not financially responsible for the use of an authorized
transporter or for serving statutorily required documents. (Sec. 2)
4. Asserts that individuals ordered to undergo involuntary treatment and who are subjects of a
petition for court-ordered treatment have the right to receive by personal service applicable SB 1210
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petitions, orders of evaluation and other specified documents by a peace officer, process
server or another person authorized by the Arizona Rules of Civil Procedure. (Sec. 3)
5. Directs the person who serves the specified documents to file with the court a proof of service
that includes the date, time and manner of service. (Sec. 3)
6. Allows a county, city or town that employs peace officers to contract with a process server or
another authorized person to provide specified documents to patients or proposed patients
instead of by a peace officer. (Sec. 3)
7. Requires an evaluation petition to contain a statement of any facts and circumstances that
lead the petitioner to believe that the proposed patient may be safely transported to the
evaluation agency by an authorized transporter, if available in the jurisdiction, without peace
officer assistance. (Sec. 4)
8. Instructs the peace officer on request of the admitting officer of the evaluation agency for an
individual's emergency examination to apprehend and transport the individual to the
evaluation agency. (Sec. 5)
9. Requires a copy of any order issued by the court, together with a copy of the petition for court-
ordered evaluation to be personally served on the proposed patient as prescribed by law or
court rule or as ordered by the court. (Sec. 7)
10. Specifies that on the filing of a petition for court-ordered treatment, if the patient is not detained
in an evaluation agency when the petition is filed, the petition must contain a statement of any
facts and circumstances that led the petitioner to believe that the proposed patient may be
safely transported to the evaluation agency by an authorized transporter if available in the
jurisdiction, without peace officer assistance. (Sec. 8)
11. Specifies that a copy of the petition for court ordered treatment, affidavits in support of the
petition and notice of hearing must be personally served on the proposed patient as prescribed
by law or court rule or as ordered by the court. (Sec. 9)
Study Committee on Alternative Behavioral Health Transportation
12. Creates the 13-member Study Committee to research and make recommendations for the
implementation and use of alternative behavioral health transportation providers for
individuals involved in the court-ordered or evaluation or treatment as an alternative to
transportation by peace officers. (Sec. 10)
13. Specifies that the Study Committee will research and make recommendations for:
a) Establishing criteria for the certification of alternative behavioral health transportation
providers, including the development of a training curriculum required to achieve the
certification;
b) Recommending the appropriate agency for providing the certification; and
c) Identifying barriers to the use of alternative behavioral health transportation and detailing
the costs associated with the implementation of the alternative behavioral health
transportation providers, including cost savings and benefits associated with its use.
(Sec. 10)
14. Authorizes the Study Committee to hold hearings, conduct fact-finding tours and take
testimony from witnesses, including participants in the behavioral health and law enforcement
systems that may assist the Study Committee in fulfilling it's responsibilities. (Sec. 10)
15. Requires the Legislature to provide staff and support services to the Study Committee.
(Sec. 10) SB 1210
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16. Outlines membership of the Study Committee and specifies that they are not eligible to receive
compensation. (Sec. 10)
17. Requires, by December 31, 2023, the Study Committee to submit a report regarding it's
findings and recommendations to the Governor, President of the Senate and Speaker of the
House of Representatives and provide a copy to the Secretary of State. (Sec. 10)
18. Repeals the Study Committee on July 1, 2024. (Sec. 10)
Miscellaneous
19. Defines authorized transporter. (Sec. 1)
20. Makes technical and conforming changes. (Sec. 1, 4, 5, 6)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note