HB 2239 — incompetent, nonrestorable defendants; involuntary commitment

HB2239Chapter 0059 - 531R - H Ver of HB2239       House Engrossed         State of Arizona House of Representatives Fifty-third Legislature First Regular Session         CHAPTER 59   HOUSE BILL 2239       AN ACT   amending sections 13-4501, 13-4508 and 13-4517, Arizona Revised Statutes;

E.  F.  The administration may conduct jointly with a school district, directly or indirectly, an educational evaluation pursuant to sections 15‑765 and 15‑766 for nonadjudicated youth.  The evaluation information may be shared by and among authorized personnel employed by the administration and the department of education, or authorized personnel from the local education agency, for purposes of ensuring the provision of special education and related services as required by the individuals with disabilities education act (20 United States Code sections 1400 through 1415).END_STATUTE1415). Sec. 10.  Section 36-533, Arizona Revised Statutes, is amended to read:

END_STATUTE Sec. 10.  Section 36-533, Arizona Revised Statutes, is amended to read:

5.  6.  During any period of outpatient treatment under subsection A, paragraph 2 of this section, if the medical director of the outpatient treatment facility in charge of the patient's care determines, in concert with the medical director of an inpatient mental health treatment facility who has agreed to accept the patient, that the patient is in need of immediate acute inpatient psychiatric care because of behavior that is dangerous to self or to others, the medical director of the outpatient treatment facility may order a peace officer to apprehend and transport the patient to the inpatient treatment facility pending a court determination on an amended order under paragraph 4  5 of this subsection.  The patient may be detained and treated at the inpatient treatment facility for a period of no more than forty‑eight hours, exclusive of weekends and holidays, from the time that the patient is taken to the inpatient treatment facility.  The medical director of the outpatient treatment facility shall file the motion for an amended court order requesting inpatient treatment no later than the next working day following the patient being taken to the inpatient treatment facility.  Any period of detention within the inpatient treatment facility pending issuance of an amended order shall not increase the total period of commitment originally ordered by the court or, when added to the period of inpatient treatment provided by the original order and any other amended orders, exceed the maximum period allowed for an order for inpatient treatment pursuant to subsection F of this section.  If a patient is ordered to undergo inpatient treatment pursuant to an amended order, the medical director of the outpatient treatment facility shall inform the patient of the patient's right to judicial review and to consult with an attorney pursuant to section 36‑546.

Q.  If the court does not find a person to be in need of treatment and a prosecutor filed a petition pursuant to section 13‑4517, the evaluation agency, within twenty‑four hours, shall notify the prosecuting agency of its finding.  The court shall order the medical director to detain the person for an additional twenty‑four hours to allow the prosecuting agency to be notified.  If the court has retained jurisdiction pursuant to section 13‑4517, subsection C, the court may remand the person to the custody of the sheriff for further disposition pursuant to section 13‑4517, subsection A, paragraph 2 or 3.

C.  D.  If criminal charges against a patient involving death or serious physical injury or a violation of title 13, chapter 14 are dismissed the patient is undergoing court-ordered treatment as the result of a petition filed by a prosecuting agency pursuant to section 13‑4517, the medical director of the mental health treatment agency shall notify the court and the prosecuting agency if a civil commitment order issued pursuant to this chapter expires or is terminated, or if the patient is discharged to outpatient treatment.  The medical director shall provide this notice by mail at least five days before the anticipated date of the expiration, termination or discharge.  This subsection does not apply to amended orders that are a result of the patient's need for acute or emergency care during the period of court‑ordered treatment.

END_STATUTE         APPROVED BY THE GOVERNOR MARCH 24, 2017.

  FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 24, 2017.