SB1082 - 502R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 4-224, Arizona Revised Statutes, is amended to read:

START_STATUTE4-224. Local ordinances; prohibitions; exceptions

A. Except as provided pursuant to subsections B through E of this section, a city, town or county shall not adopt ordinances or regulations in conflict with the provisions of this title or any rules adopted pursuant to this title, including, but not limited to, ordinances or regulations pertaining to hours and days of liquor sales and ordinances or regulations that conflict with the definition of restaurant in section 4‑205.02. A city, town or county shall not limit any right granted by the license, by this title or by any rules adopted pursuant to this title. A city, town or county may enforce lawful zoning requirements. Zoning shall not be a basis for protesting or denying a license under this title.

B. Notwithstanding subsection A of this section, a city, town or county by ordinance may prohibit or regulate the hours of sales of the following:

1. Original containers of beer, wine and spirituous liquor through a walk-up or drive‑through window on licensed premises for consumption off the premises.

2. Original containers of beer that are forty ounces or larger in size at licensed premises for consumption off the premises.

C. An ordinance adopted by a county pursuant to subsection B of this section may be effective in the entire unincorporated area or in only one or more defined zones of the unincorporated area. An ordinance that is effective in one or more zones shall contain a legal description and a map depicting the boundaries of each such zone.

D. An ordinance adopted by a city, town or county pursuant to subsection B of this section may prescribe punishment by fine or imprisonment, or both, not to exceed the maximum limitations for a class 2 misdemeanor. A city, town or county may establish civil penalties not to exceed the maximum fine for a class 2 misdemeanor for a violation of an ordinance adopted pursuant to subsection B of this section and may appoint hearing officers to hear and determine violations. An alleged violator is not subject to both criminal and civil prosecution arising out of the same set of facts. An ordinance adopted pursuant to subsection B of this section may not provide for the revocation or suspension of any license issued by the department as a consequence of a violation.

E. Before a city, town or county adopts an ordinance pursuant to subsection B of this section, the governing body of the city, town or county shall either:

1. Hold a public hearing regarding the ordinance. The city, town or county must provide at least fifteen days' notice of the hearing by publishing the time and location of the hearing in a newspaper of general circulation in the area in which the ordinance will be effective if adopted and by posting a notice of the hearing in at least three public places in the area in which the ordinance will be effective if adopted. If a county ordinance will be effective in two or more zones, the city or town must post notice of the hearing at least fifteen days before the hearing in at least three public places within each zone. The city, town or county shall mail notice of the hearing to the director by registered mail at least fifteen days before the hearing. An affirmative vote of three-fourths of all members of the governing body is required for adoption of the ordinance. The ordinance may not be adopted as an emergency measure and may not be effective until thirty days after adoption. After the ordinance is adopted, the city, town or county shall publish the ordinance at least once in a newspaper of general circulation in the area in which the ordinance is effective. The city or town may subsequently amend or repeal the ordinance in the manner specified in this paragraph.

2. Submit the ordinance to the qualified electors of the city, town or county at a general or special election. If a county ordinance will be effective in one or more zones, the county shall submit the ordinance only to the qualified electors of the zone or zones. The ballot for the election shall contain the full text of the ordinance and an impartial summary not to exceed two hundred fifty words prepared by the attorney for the city, town or county. The city, town or county shall administer the election as otherwise provided by law. if a majority of the qualified electors voting on the question approve the ordinance, the ordinance shall be deemed adopted. If a county ordinance is submitted to the qualified electors of two or more zones, the adoption of the ordinance shall be determined on a zone-by-zone basis. An ordinance approved by the qualified electors pursuant to this paragraph may be amended or repealed in the same manner or in the manner specified in paragraph 1 of this subsection. END_STATUTE

Sec. 2. Heading change

The article heading of title 36, chapter 18, article 2, Arizona Revised Statutes, is changed from "EVALUATION AND TREATMENT OF PERSONS IMPAIRED BY ALCOHOLISM" to "EVALUATION AND TREATMENT OF PERSONS INCAPACITATED BY ALCOHOL OR SUBSTANCE ABUSE".

Sec. 3. Section 36-2021, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2021. Definitions

In this chapter, unless the context otherwise requires:

1. "Alcoholic" means a person who habitually lacks self‑control with respect to the use of alcoholic beverages or who uses alcoholic beverages to the extent that his the person's health is substantially impaired or endangered or his the person's social or economic functions are substantially disrupted.

2. "Approved private treatment facility" means a private agency meeting the standards established by the division and approved pursuant to sections 36‑2023 and 36‑2029.

3. "Approved public treatment facility" means a treatment agency operating under the directions and control of a county, providing treatment through a contract with a county, meeting the standards established by the division and approved pursuant to sections 36‑2023 and 36‑2029.

4. "Chronic alcoholic" means an alcoholic who is incapacitated by alcohol and who during the preceding twelve months has been admitted to a local alcoholism reception center on ten or more occasions or has been admitted for three or more episodes of inpatient or residential alcoholism treatment.

5. "Court" means a court of record, a justice of the peace court, a police court or a city court authorized by charter.

6. "Department" means the department of health services.

7. "Deputy director" means the deputy director of the division of behavioral health in the department of health services.

8. "Director" means the director of the department of health services.

9. "Division" means the division of behavioral health in the department of health services.

10. "Evaluation" means a multidisciplinary professional analysis of a person's medical, psychological, social, financial and legal conditions. Persons providing evaluation services shall be properly qualified professionals and may be full‑time employees of an approved treatment facility providing evaluation services or may be part‑time employees or may be employed on a contractual basis.

11. "Incapacitated by alcohol or substance abuse" means that a person as a result of the use of alcohol or a substance listed in section 13-3401, paragraph 5, 6 or 20 is unconscious or has his the person's judgment otherwise so impaired that he the person is incapable of realizing and making a rational decision with respect to his the person's need for evaluation and treatment, is unable to take care of his basic personal needs or safety such as food, clothing, shelter or medical care or lacks sufficient understanding or capacity to make or communicate rational decisions concerning himself.

12. "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the immediate effects of alcohol or a substance listed in section 13-3401, paragraph 5, 6 or 20 in his the person's system.

13. "Local alcoholism reception center" or "center" means an initial reception agency for a person who is intoxicated or who is incapacitated by alcohol or substance abuse to receive initial evaluation and processing for assignment for further evaluation or into a treatment program.

14. "Treatment" means the broad range of emergency, outpatient, intermediate and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and intoxicated persons. END_STATUTE

Sec. 4. Section 36-2023, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2023. Rules

A. The department shall adopt and enforce rules to establish standards for approved public and private treatment facilities that must be met for a treatment facility to be approved. The department periodically shall inspect approved facilities at reasonable times and in a reasonable manner. Each approved public and private treatment facility shall file with the department on request information the department requires pursuant to rule. The department shall remove from the list of approved treatment facilities an approved a facility that without good cause fails to furnish information as requested or that files fraudulent information.

B. The department in compliance with subsection A of this section shall adopt and may amend or repeal rules for the acceptance of persons into a treatment program, in light of the available treatment resources and facilities, with a view to the early and effective provision of evaluation and treatment for alcoholics and intoxicated persons. In establishing the rules, the department shall be guided by the following standards:

1. An intoxicated person or a person incapacitated by alcohol or substance abuse, who voluntarily seeks treatment or who is transported to an approved facility by a peace officer or other person, shall be initially brought to and evaluated at a local alcoholism reception center.

2. A person shall receive an initial evaluation.

3. A patient shall be initially assigned or transferred to outpatient treatment or intermediate treatment, unless the person is found to require inpatient treatment.

4. A person shall not be denied treatment solely because the person has withdrawn from treatment against medical advice on a prior occasion or because the person has relapsed after earlier treatment.

5. An individualized treatment plan shall be prepared and maintained on a current basis for each patient.

6. Provision shall be made for a continuum of coordinated treatment services, so that a person who leaves the facility or another form of treatment will have available and use other appropriate treatment.

C. The department shall:

1. Enlist the assistance of all public and private agencies, organizations and individuals engaged in the prevention of alcoholism and substance abuse and treatment of alcoholics and intoxicated persons at approved public and private facilities.

2. Cooperate with the state department of corrections in establishing and conducting programs to provide treatment for alcoholics and substance abusers in penal institutions and alcoholics on parole or community supervision from penal institutions at approved public and private facilities.

3. Cooperate with the department of education, schools, police departments, courts and other public and private agencies, organizations and individuals in establishing programs for the prevention of alcoholism and substance abuse and the treatment of alcoholics, substance abusers and intoxicated persons and in preparing curriculum materials for use at all levels of school education.

4. Specify a uniform method for keeping statistical information by approved public and private treatment facilities and collect and make available relevant statistical information including the number of persons treated, frequency of admission, and readmission and frequency and duration of treatment.

5. Cooperate with the department of transportation in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while intoxicated.

6. Prepare an annual report on drug abuse treatment programs in this state that receive funds from the department to be submitted by January 1 of each year to the governor, the president of the senate and the speaker of the house of representatives and to be made available to the general public through the Arizona drug and gang prevention resource center. The report shall include:

(a) The name and location of each program.

(b) The amount and sources of funding for each program.

(d) A description of the demographic characteristics of the client population served by each program including age groups, gender and ethnicity.

(e) A description of client problems addressed by the programs including the types of substances abused.

(f) A summary of the numbers and types of services available and provided during the preceding fiscal year.

(g) An evaluation of the results achieved by the programs. END_STATUTE

Sec. 5. Section 36-2025, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2025. Treatment and services for intoxicated persons and persons incapacitated by alcohol or substance abuse

A. An intoxicated person may come voluntarily to an approved local alcoholism reception center for emergency alcoholism treatment.

B. A person who voluntarily comes or is brought to a local alcoholism reception center and is in need of immediate medical treatment shall be referred to an approved treatment facility and shall be examined by a licensed physician as soon as possible and may be admitted as a patient or referred to another approved treatment facility or program.

C. A person who is not admitted to an approved local alcoholism reception center and who is not referred to an approved treatment facility or program and who has no funds may be taken to his the person's home by personnel at the local alcoholism reception center. If he the person has no home, the approved local alcoholism reception center personnel shall assist him the person in obtaining shelter.

D. If the patient is admitted to an approved local alcoholism reception center for initial evaluation and processing, his the reception center shall notify the patient's family or next of kin shall be notified as promptly as possible. If an adult patient who is not incapacitated by alcohol or substance abuse requests that there be no notification, his the patient's request shall be respected.

E. If the administrator in charge of the approved local alcoholism reception center determines that it is for the patient's benefit, the patient shall be encouraged to agree to assignment for further evaluation or to agree to assignment into a treatment program. END_STATUTE

Sec. 6. Section 36-2026, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2026. Emergency admission

A. A publicly intoxicated person may be brought by a peace officer or any other person to an approved local alcoholism reception center for emergency evaluation and treatment if the intoxicated person:

1. Has threatened, attempted or inflicted physical harm on self or others, and is likely to inflict physical harm on self or others unless admitted.

2. Is incapacitated by alcohol or substance abuse.

B. A peace officer who has reasonable cause to believe that a person is intoxicated in a public place or a place that is open to the public and such that person is or may be a danger to self or others may transport such the person to a local alcoholism reception center. Unnecessary or unreasonable force shall not be used in transporting the person, and the person shall not be subjected to any greater restraint than is necessary to transport the person to the local alcoholism reception center.

C. A peace officer, who has reasonable cause to believe that a person is intoxicated in a public place or a place open to the public and that the person is or may be a danger to self or others and there may transport the person to the nearest available approved treatment facility if there is no responsible person immediately available to assist the intoxicated person, local alcoholism reception center immediately available. The peace officer may transport the person to a detention facility if both of the following circumstances exist:

1. A local alcoholism reception center or other approved facility is not available within ten miles or the peace officer has determined that the local alcoholism reception center or other approved facility is filled to capacity and has no further capacity at the present time to provide evaluation and treatment services to additional persons.

2. The peace officer has been informed by the governing body of the city or town or the board of supervisors of the county in which the peace officer is employed that the deputy director of the division of behavioral health has determined that such the city, town or county has made a reasonable effort to provide adequate local alcoholism reception services for persons incapacitated by alcohol or substance abuse and, based on that determination, has issued a renewable three‑month temporary waiver to allow the transportation of certain intoxicated persons in the city, town or county to detention facilities pursuant to this section. The determination may be made by the deputy director on application by the governing body of the city or town or the board of supervisors of a county.

D. A peace officer who transports a person to a local alcoholism reception center pursuant to subsection B of this section or to an approved treatment facility or detention facility pursuant to subsection C of this section may disclose to the staff of the center or the facility, orally or in writing, criminal history information of the person transported, but only to the extent that information concerns prior arrests that reasonably appear to be related to the use of alcohol or a substance listed in section 13-3401, paragraph 5, 6 or 20. The staff of the center or facility may use this information only to evaluate the transported person and to determine an appropriate course of treatment and may not use this information for any other purpose or disclose this information to any person who is not directly involved in the evaluation and treatment of the transported person.

D. E. An intoxicated person received or accepted by a local alcoholism reception center or detention facility shall not be subject to unnecessary or unreasonable force. The local alcoholism reception center or detention facility shall use such methods and exercise such restraint of the intoxicated person as is reasonably necessary for the safety of such person and others and consistent with the provisions of this section.

E. f. The administrator in charge of an approved local alcoholism reception center shall discharge any person admitted pursuant to this section not more than twenty-four seventy-two hours, excluding weekends and holidays, after the person requests to be discharged or after the administrator on advice of the medical staff determines that the grounds for admission no longer exist.

F. G. Any person transported to a detention facility pursuant to this section may be held in protective custody until the person is no longer intoxicated, until released to a responsible person or for a period not exceeding twelve hours, whichever occurs first.

G. H. Any person released from protective custody pursuant to this section may be transported at that person's request be transported to a local alcoholism reception center or approved facility for evaluation and treatment provided such facilities are available.

H. I. A person held in protective custody pursuant to this section is not considered to have been arrested or to have been charged with any crime and may not be fingerprinted or photographed for any reason. END_STATUTE

Sec. 7. Section 36-2029, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2029. Funding of facilities; contracts; limitations

A. The division may use municipal, county, state and federal monies appropriated or otherwise available for the evaluation and treatment of alcoholics and intoxicated persons to assist in the establishment and maintenance of approved public or private treatment facilities. Such The monies may be expended for professional fees for services at an approved treatment facility or in contract for advancement or reimbursement of services provided at an approved treatment facility or any other appropriate manner and may be used for any purpose necessary to provide evaluation and treatment at approved treatment facilities. These monies may not be used for division salaries or any other purpose within the division but may be used for consultation to the division in the interest of approved treatment facilities.

B. A public or private treatment facility providing or intending to provide evaluation and treatment and desiring to contract with the division for the furnishing of such these services shall submit a program, plan and budget to the division on the forms and in the manner required by the division. If such a facility is approved, the division may contract with the facility for services as required and upon such on terms and conditions as the division shall require prescribes.

C. Each approved treatment facility shall provide the division with a record of all federal, state, county, city and private monies received for the previous year and an estimate of monies to be received by the facility for the following year.

D. An approved private or public treatment facility providing evaluation and treatment may receive state funding upon complying if it complies with the rules and regulations established prescribed by the division. Any such A treatment facility is not eligible for state funding until approved by the deputy director.

E. The provisions of This article shall does not be construed to place upon subject the division or the this state any to civil liability for the well‑being and care of alcoholics or persons incapacitated by alcohol or substance abuse in a public or private treatment facility or the responsibility for require the division or this state to secure funding such for any treatment programs beyond the limits of legislative appropriation therefor. END_STATUTE