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REFERENCE TITLE: tribal courts; involuntary commitment orders |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HB 2084 |
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Introduced by Representative Farnsworth E
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AN ACT
amending section 12‑136, Arizona Revised Statutes; relating to tribal courts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-136, Arizona Revised Statutes, is amended to read:
12-136. Tribal courts; involuntary commitment orders; recognition
A. Notwithstanding any law to the contrary, an involuntary commitment order of an Arizona tribal court filed with the clerk of the superior court shall be recognized and is enforceable by any court of record in this state, subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of the court. The Arizona supreme court may adopt rules regarding recognition of tribal court involuntary commitment orders. The state, through the attorney general, shall be given notice of the filing at the time the commitment order is filed and shall have five days from receipt of the written notice of the filing of the order to appear as a party and respond. A patient committed to a state mental health treatment facility under this section shall be is subject to the jurisdiction of the state.
B. Decisions regarding discharge or release of a patient committed pursuant to subsection A of this section shall be made by the facility providing involuntary treatment. Ten days prior to before discharge or release, the state mental health treatment facility shall notify the tribal court which that issued the involuntary commitment order of the facility's intention to discharge or release a patient. Any necessary outpatient follow‑up and transportation of the patient to the jurisdiction of the tribal court, within the time set forth in the notice, shall be provided for in an intergovernmental agreement between the tribe and the department of health services Arizona health care cost containment system.
C. A mental health treatment facility may admit a patient for involuntary treatment pending the filing of a tribal court's involuntary commitment order with the clerk of the superior court pursuant to subsection A of this section. The mental health treatment facility must discharge the patient if the tribal court order is not filed with the clerk of the superior court by the close of business on the next day that the court is open after the admission of the patient. If the patient is discharged pursuant to this subsection, the patient shall be transported to the jurisdiction of the tribal court in the same manner provided in subsection B of this section.