Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1578
involuntary treatment; substance abuse
Purpose
Establishes procedures and requirements for involuntary treatment of individuals with a
substance use disorder.
Background
A person who has a substance use disorder without any co-occurring mental disorder may
not be considered for involuntary treatment. A person who initially presents with impairments
consistent with both a mental disorder and a substance use disorder is eligible for screening and
evaluation, and that person may be eligible for involuntary treatment if, after considering the
person's history, an appropriate assessment of the person's current presentation, and a reasonable
period of time to rule out substance abuse as the primary cause of the alleged behavior, the person's
presentation is consistent with a mental disorder that would benefit from treatment (A.R.S.
ยง 36-521.01).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits a person who suffers from a substance use disorder from being ordered to undergo
treatment unless they:
a) have been diagnosed by a qualified health professional as suffering from a substance use
disorder;
b) present an imminent threat of danger to self, family or others as a result of the substance
use disorder, or there is a substantial likelihood of a threat in the near future; and
c) can reasonably benefit from treatment.
2. Requires involuntary treatment ordered for a person suffering form a substance use disorder to
follow prescribed procedures.
3. Guarantees, except as otherwise provided, all rights for involuntarily hospitalized mentally ill
persons to a person ordered to undergo treatment for a substance use disorder.
4. Requires proceedings for 60 days or 360 days of treatment for an individual suffering from
substance use disorder to be initiated on the filing of a verified petition in superior court.
5. Requires the petition and all subsequent court documents to be entitled as prescribed. FACT SHEET
S.B. 1578
Page 2
6. Allows a petition to be filed by a spouse, relative, friend or guardian of the individual with a
substance use disorder.
7. Requires the petition to set forth:
a) the petitioner's relationship to the respondent;
b) the respondent's name, residence address and current location, if known;
c) the name and residence of the respondent's parent, if living and if known, or the
respondent's legal guardian, if any kind and if known;
d) the name and residence address of the respondent's spouse, if any and if known; the name
and residence address of the person having custody of the respondent, if any, or if no such
person is known, the name and residence address of a near relative or that the person is
unknown; and
e) the petitioner's belief, including the factual basis for the belief, that the respondent is
suffering from a substance use disorder and present a danger or threat of danger to self,
family of other if not treated for the substance use disorder.
8. Requires any petition to be accompanied by a guarantee, signed by the petitioner or other
authorized person, obligating that person to pay all costs for treatment of the respondent for
substance use disorder that is ordered by the court.
9. Requires the court, on receipt of a petition, to examine the petitioner under oath as to the
contents of the petition.
10. Requires the court, if after review of the allegations under oath it appears that the is probable
cause to believe the respondent should be ordered to undergo treatment; to:
a) set a date, for a hearing within 14 days to determine whether the respondent should be
ordered to undergo treatment for a substance use disorder;
b) notify the respondent, the legal guardian, if any and if known, and the spouse, parents or
nearest relative or friend of the respondent concerning the allegations and contents of the
petition the date and purpose of the hearing and the name, address and telephone number
of the attorney appointed to represent the respondent; and
c) cause the respondent to be evaluated not alter than 34 hours before the hearing date by two
qualified health professionals, one of whom must be a physician, and both of whom:
i. must certify their findings to the court within 24 hours after the evaluations;
ii. may be subject to subpoena for cross-examination at the hearing, either in person, by
telephone or video conference; and
iii. may conduct the evaluation required via telehealth.
11. Requires the court, on completion of the hearing and on a finding of proof beyond a reasonable
doubt that the respondent should be ordered to undergo treatment, to order such treatment for
a period of not more than 60 or 360 consecutive days after the date of the court order, whichever
time period was requested in the petition or otherwise agreed to at the hearing.
12. Stipulates that a respondent's failure to undergo treatment may place the respondent in
contempt of court. FACT SHEET
S.B. 1578
Page 3
13. Requires proceedings against the respondent to be dismissed if, at any time after the petition if
filed, the court finds that there is no probable cause to continue treatment, or if the petitioner
withdraws the petition.
14. Allows the court, following an evaluation by a qualified health professional and a certification
by the health professional that the person meets outlined criteria, to order the person to be
admitted to a hospital or behavioral health facility for a period of not more than 72 hours if the
court finds, by clear and convincing evidence, that the respondent presents an imminent threat
of danger to self, family or others as a result of a substance use disorder.
15. Requires any person who has been admitted to a hospital or behavioral health facility to be
released within 72 hours after admittance.
16. Prohibits a respondent who is ordered to be admitted to a hospital or a behavioral health facility
from being held in jail pending transportation to the hospital, behavioral health facility or
evaluation unless the court has previously found the respondent to be in contempt of court for
failure to undergo treatment or failure to appear at the evaluation.
17. Allows the court, when authorized to order transport to a hospital, or requires the court, if the
respondent fails to attend an evaluation scheduled before the hearing, to issue summons
commanding the respondent to appear at a time and place specified in the summons.
18. Allows a court, if the respondent who has been summoned fails to appear, to order the sheriff
or another peace officer to transport the respondent to a hospital or behavioral health facility
designated by the administration for treatment.
19. Allows the sheriff or other peace officer on agreement of an authorized person to authorize the
administration a contractor of the administration or an ambulance service designated by the
administration to transport the respondent to a hospital or behavioral health facility.
20. Requires the costs of the transportation to be included in the costs of treatment for substance
use disorder to be paid by the petitioner or other authorized person.
21. Defines substance use disorder as a cluster of cognitive, behavioral and physiological
symptoms indicating that the individual continues using the substance despite significant
substance-related problems.
22. Specifies that the criteria for substance use disorder are in the most current edition of the
American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders.
23. Designates this legislation as the "Matthew Casey Wethington Act for Substance Abuse
Intervention".
24. Becomes effective on the general effective date.
Prepared by Senate Research
February 13, 2024
ZD/cs