SB 1392
Initials LC/DG Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
Senate: HHS DPA 4-3-1-0 | 3
rd
Read 16-11-3-0
SB1392: state hospital; placement; court-ordered treatment
Sponsor: Senator Barto, LD 15
Committee on Judiciary
Overview
Revises procedure for a patient ordered by a court to undergo treatment. Outlines the procedure
for a motion amending a court-ordered treatment to place the patient at the state hospital.
History
A patient required to undergo mandatory local treatment by a court order must: 1) be suffering
from a severe mental disorder; 2) be a danger to self or others; and 3) not be hospitalized in the
state hospital at the time of the order. The patient undergoes treatment for at least 25 days in a
local mental health treatment agency (Agency). Mandatory local treatment is not applicable if the
court finds among other factors, that the patient will not benefit from the required period of
treatment. A patient ordered by a court to undergo treatment based on the specified determination
must be treated for at least 25 days solely in or by an Agency unless the patient is accepted for
treatment at the state hospital (A.R.S. § 36-541).
A patient under a court-ordered treatment must be discharged from treatment at the expiration of
the treatment unless:
1) The patient accepts voluntary treatment at the Agency;
2) Before the discharge date, a new petition is filed; or
3) An application for continued court-ordered treatment is granted (A.R.S. § 36-542).
Provisions
1. Revises the admittance procedure for a patient ordered by a court to undergo treatment. (Sec.
1)
2. Outlines procedure for a motion to amend a court-ordered treatment to place the patient for
treatment at the state hospital:
a) The medical director of the Agency assigned to administer the patient's treatment program
may file the prescribed motion; and
b) After a hearing, the court finds among other factors, that the patient will not benefit from a
continued period of treatment, the court may amend the original treatment (Sec. 1)
3. Makes technical changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note