HB 2706
Initials AG/SR Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: GOV DP 7-0-0-0
HB 2706: mental health; intensive treatment orders
Sponsor: Representative Hernandez C, LD 21
House Engrossed
Overview
Establishes procedures and requirements for court-ordered intensive treatment services.
History
A court may determine that a person is chronically resistant to treatment if the court finds
that, within 24 months before the issuance of a court order, excluding any time during this
period that the person was hospitalized or incarcerated, the person demonstrated a persistent
or recurrent unwillingness or inability to participate in or adhere to treatment for a mental
disorder despite having treatment offered, prescribed, recommended or ordered to improve
the person's condition or to prevent a relapse or harmful deterioration of the person's
condition.
The court's finding must be based on evidence that establishes all of the following by clear
and convincing evidence: 1) the person received treatment in the preceding 24 months in
other less-restrictive settings, including unsecured residential treatment settings with on-
site 24-hour supportive treatment and supervision by staff with behavioral health training,
and the treatment was unsuccessful or is not likely to be successful due to the person's
expressed or demonstrated unwillingness to cooperate with treatment in other less-
restrictive or unsecured residential treatment settings; and 2) the person's nonadherence to
or nonparticipation in treatment over the preceding 24 months resulted in either serious
harm to self, serious harm or threats of serious harm to others, recurrent periods of
homelessness resulting from the mental disorder, recurrent serious medical problems due to
poor self-care or failure to follow medical treatment recommendations or recurrent arrests
due to behavior resulting from the mental disorder; and 3) any other evidence relevant to the
person's willingness or ability to participate in and adhere to treatment or the person's need
for treatment in a licensed secure residential setting to ensure the person's compliance with
court-ordered treatment (A.R.S. § 36-550.09).
Provisions
1. Allows the court to enter an order for intensive treatment services as an initial order for
treatment or an amended or renewed order for treatment. (Sec. 1)
2. Requires an order for intensive treatment services to incorporate a written intensive
treatment services plan that is:
a) approved by the court;
b) prepared by staff who are familiar with the patient's case history; and
c) approved by the medical director of the person, agency or organization designated to
administer and supervise the patient's treatment program. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2706
Initials AG/SR Page 2 House Engrossed
3. Requires the written intensive treatment services plan to:
a) conform with the conditional outpatient treatment requirements as prescribed in
statute; and
b) contain other specific orders for intensive treatment services. (Sec. 1)
4. Allows a court to enter an order for intensive treatment services if the court finds by clear
and convincing evidence the patient is seriously mentally ill and chronically resistant to
treatment. (Sec. 1)
5. Specifies that the court's finding of a patient as chronically mentally ill must be based on
evidence establishing all of the following:
a) Treatment in the preceding 24 months was unsuccessful or not likely to be successful
due to the patient's unwillingness to cooperate with treatment;
b) The person's nonadherence or nonparticipation in treatment resulted in one or more
of the following: 1) serious harm to self; 2) serious harm or threats of serious harm to
others; 3) recurrent periods of homelessness resulting from a mental disorder; 4)
serious medical problems due to poor self-care or failure to follow treatment
recommendations; and 5) recurrent arrests due to behavior resulting from the mental
disorder; and
c) Other evidence relevant to the person's willingness or ability to participate in
treatment. (Sec. 1)
6. Requires the court, if it enters an order for intensive treatment services, to advise a
patient orally and in writing that the court-approved intensive treatment services plan is
part of the court order enforceable by the court and the consequences of noncompliance.
(Sec. 1)
7. Requires the court to advise the patient that the court may set periodic compliance
hearings to address:
a) the patient's compliance with the intensive treatment services plan; and
b) any possible changes or modifications whether the patient is present at the hearing.
(Sec. 1)
8. Requires the court to order the medical director of the mental health treatment agency
designated to administer and supervise the patient's intensive treatment services plan to
provide notice of instances of the patient's significant or persistent noncompliance and to
file written progress reports at least every 60 days. (Sec. 1)
9. Permits the court to set a compliance hearing at a time designated by the court. (Sec. 1)
10. Requires a patient and a representative of the patient's treatment team to appear at the
compliance hearing to address the patient's compliance with the intensive treatment
services plan and services provided. (Sec. 1)
11. Allows the court to change or modify the intensive treatment services plan at any such
compliance hearing on motion of any party or on the court's own motion. (Sec. 1)
12. Requires a treatment agency to provide notice of the date, time and place of any
compliance hearing to the patient, patient's attorney and the patient's guardian if
applicable, at the last known address provided to the agency by those persons. (Sec. 1)
13. Prohibits a patient, in order to receive any court-ordered intensive treatment services,
from being required by any agency or provider to agree or consent to the intensive
treatment services if the court specifically finds that the patient's mental disorder HB 2706
Initials AG/SR Page 3 House Engrossed
significantly impairs the patient's capacity to make an informed decision regarding
treatment. (Sec. 1)
14. Defines intensive treatment services. (Sec. 1)
15. Makes conforming changes. (Sec. 1)