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| 55 | 64 | | AN ACT |
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| 59 | 68 | | Amending title 36, chapter 5, article 5, Arizona Revised Statutes, by adding section 36-540.03; relating to court-ordered treatment. |
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| 65 | 74 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 69 | 78 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 36, chapter 5, article 5, Arizona Revised Statutes, is amended by adding section 36-540.03, to read: START_STATUTE36-540.03. Intensive treatment services; determination of need; order; definition A. The court may enter an order for intensive treatment services as prescribed in this section. The order for intensive treatment services may be entered by the court as an initial order for treatment or on entering an amended or renewed order for treatment. An order for intensive treatment services shall incorporate a written intensive treatment services plan that is approved by the court, prepared by staff who are familiar with the patient's case history and approved by the medical director of the person, agency or organization designated to administer and supervise the patient's treatment program. The intensive treatment services plan shall conform with the requirements of section 36-540.01, subsection B and shall contain other specific orders for intensive treatment services. B. The court may enter an order for intensive treatment services if the court finds by clear and convincing evidence the patient is chronically resistant to treatment pursuant to section 36-550.09, subsection B. C. If the court enters an order for intensive treatment services, the court shall advise the patient orally and in writing that the intensive treatment services plan approved by the court is part of the court order enforceable by the court and that noncompliance with the court's order or the terms and conditions of the intensive treatment services plan may result in the issuance of an order for the patient to be placed in or returned to inpatient treatment and an order for a peace officer to detain the patient for that purpose. The court shall advise the patient that the court may set periodic compliance hearings to address the patient's compliance with the intensive treatment services plan and the services provided to the patient and that the intensive treatment services plan may be changed or modified at any such hearing whether or not the patient is present. D. The court shall 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 to the court of specific instances of the patient's noncompliance with the intensive treatment services plan and order the medical director to file written progress reports with the court at least every sixty days. The court may set a compliance hearing at time designated by the court and require the patient and a representative of the patient's treatment team to appear to address the patient's compliance with the intensive treatment services plan and the services provided. The court may 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. The treatment agency shall provide notice of the date, time and place of any compliance hearing to the patient, the patient's attorney and the patient's guardian, if applicable, at the last known address provided to the agency by those persons. E. In order to receive any intensive treatment services ordered by the court, the patient may not be 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 significantly impairs the patient's capacity to make an informed decision regarding treatment. F. For the purposes of this section, "intensive treatment services" means services identified in a written intensive treatment services plan that is approved by the court and that includes INFORMATION regarding all of the following: 1. Assignment of the patient to a treatment team with an intensive case manager for any outpatient services who is required, among other duties: (a) To have in-person contact with the patient at such frequency that will facilitate the patient's adherence to and compliance with the treatment plan and will allow for regular firsthand assessment of the patient's progress and condition. (b) To designate a team of professionals to address the specific needs of the patient to improve the patient's condition and to prevent a relapse or harmful deterioration of the patient's condition. 2. Housing or residential placement that provides the patient with a stable, safe and, if necessary, secure residence to enhance compliance with the treatment plan and protect the safety of the patient and the public. 3. Safe, reliable and adequate transportation for the patient to successfully comply with the treatment plan. 4. Treatment services specified in the Intensive Services Treatment Plan for which the patient is found to be eligible that are designated by the treatment team and ordered by the court and that are believed to be necessary to improve and prevent the deterioration of the patient's condition and to protect the patient and the public. END_STATUTE |
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| 70 | 79 | | |
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| 71 | 80 | | Be it enacted by the Legislature of the State of Arizona: |
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| 73 | 82 | | Section 1. Title 36, chapter 5, article 5, Arizona Revised Statutes, is amended by adding section 36-540.03, to read: |
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| 74 | 83 | | |
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| 75 | 84 | | START_STATUTE36-540.03. Intensive treatment services; determination of need; order; definition |
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| 76 | 85 | | |
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| 77 | 86 | | A. The court may enter an order for intensive treatment services as prescribed in this section. The order for intensive treatment services may be entered by the court as an initial order for treatment or on entering an amended or renewed order for treatment. An order for intensive treatment services shall incorporate a written intensive treatment services plan that is approved by the court, prepared by staff who are familiar with the patient's case history and approved by the medical director of the person, agency or organization designated to administer and supervise the patient's treatment program. The intensive treatment services plan shall conform with the requirements of section 36-540.01, subsection B and shall contain other specific orders for intensive treatment services. |
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| 78 | 87 | | |
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| 79 | 88 | | B. The court may enter an order for intensive treatment services if the court finds by clear and convincing evidence the patient is chronically resistant to treatment pursuant to section 36-550.09, subsection B. |
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| 80 | 89 | | |
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| 81 | 90 | | C. If the court enters an order for intensive treatment services, the court shall advise the patient orally and in writing that the intensive treatment services plan approved by the court is part of the court order enforceable by the court and that noncompliance with the court's order or the terms and conditions of the intensive treatment services plan may result in the issuance of an order for the patient to be placed in or returned to inpatient treatment and an order for a peace officer to detain the patient for that purpose. The court shall advise the patient that the court may set periodic compliance hearings to address the patient's compliance with the intensive treatment services plan and the services provided to the patient and that the intensive treatment services plan may be changed or modified at any such hearing whether or not the patient is present. |
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| 82 | 91 | | |
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| 83 | 92 | | D. The court shall 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 to the court of specific instances of the patient's noncompliance with the intensive treatment services plan and order the medical director to file written progress reports with the court at least every sixty days. The court may set a compliance hearing at time designated by the court and require the patient and a representative of the patient's treatment team to appear to address the patient's compliance with the intensive treatment services plan and the services provided. The court may 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. The treatment agency shall provide notice of the date, time and place of any compliance hearing to the patient, the patient's attorney and the patient's guardian, if applicable, at the last known address provided to the agency by those persons. |
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| 84 | 93 | | |
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| 85 | 94 | | E. In order to receive any intensive treatment services ordered by the court, the patient may not be 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 significantly impairs the patient's capacity to make an informed decision regarding treatment. |
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| 86 | 95 | | |
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| 87 | 96 | | F. For the purposes of this section, "intensive treatment services" means services identified in a written intensive treatment services plan that is approved by the court and that includes INFORMATION regarding all of the following: |
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| 88 | 97 | | |
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| 89 | 98 | | 1. Assignment of the patient to a treatment team with an intensive case manager for any outpatient services who is required, among other duties: |
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| 90 | 99 | | |
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| 91 | 100 | | (a) To have in-person contact with the patient at such frequency that will facilitate the patient's adherence to and compliance with the treatment plan and will allow for regular firsthand assessment of the patient's progress and condition. |
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| 92 | 101 | | |
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| 93 | 102 | | (b) To designate a team of professionals to address the specific needs of the patient to improve the patient's condition and to prevent a relapse or harmful deterioration of the patient's condition. |
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| 94 | 103 | | |
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| 95 | 104 | | 2. Housing or residential placement that provides the patient with a stable, safe and, if necessary, secure residence to enhance compliance with the treatment plan and protect the safety of the patient and the public. |
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| 96 | 105 | | |
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| 97 | 106 | | 3. Safe, reliable and adequate transportation for the patient to successfully comply with the treatment plan. |
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| 98 | 107 | | |
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| 99 | 108 | | 4. Treatment services specified in the Intensive Services Treatment Plan for which the patient is found to be eligible that are designated by the treatment team and ordered by the court and that are believed to be necessary to improve and prevent the deterioration of the patient's condition and to protect the patient and the public. END_STATUTE |
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