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REFERENCE TITLE: court-ordered evaluations |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HB 2158 |
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Introduced by Representative Kavanagh
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AN ACT
Amending sections 36-525 and 36-527, Arizona Revised Statutes; relating to court-ordered evaluations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-525, Arizona Revised Statutes, is amended to read:
36-525. Apprehension and transportation by peace officers; immunity
A. A peace officer shall, on the advice of the admitting officer of the evaluation agency pursuant to section 36‑524, subsection E, shall apprehend and transport a person to an evaluation agency.
B. In those instances in which the procedures set forth in section 36‑524 are not available, a peace officer may take into custody any individual he the peace officer has probable cause to believe, based on his own observations, is, as a result of mental disorder, a danger to self or others, and that during the time necessary to complete the prepetition screening procedures set forth in sections 36‑520 and 36‑521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or to inflict serious physical harm on another person. The peace officer shall transport the person to a screening agency unless the person's condition or the agency's location or hours makes such transportation impractical, in which event the person shall be transported to an evaluation agency. A peace officer is not held civilly liable for any acts committed by a person whom the peace officer has not taken into custody pursuant to this section.
C. If apprehension takes place on or about the premises of the apprehended person, the officer shall take reasonable precautions to safeguard the premises and the property thereon, unless such property and premises are in the possession of a responsible relative or guardian.
D. A peace officer who makes a good faith effort to follow the requirements of this section is not subject to civil liability.
Sec. 2. Section 36-527, Arizona Revised Statutes, is amended to read:
36-527. Discharge and release; immunity
A. A person taken into custody for emergency admission may not be detained longer than twenty-four forty-eight hours excluding weekends and holidays following such detention unless a petition for court‑ordered evaluation is filed.
B. A person admitted for emergency evaluation may be released at any time if, in the opinion of the medical director in charge of the evaluation agency, release is appropriate. The medical director shall not be held civilly liable for any acts committed by a released patient if the medical director has in good faith followed the requirements of this article. The patient may continue care and treatment in the agency if he the patient signs a voluntary application.
Sec. 3. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.