13-3994. Persons under the jurisdiction of the superior court; hearing; mental health report; risk assessment; conditional release; hearings and decisions

A. A person who is placed under the jurisdiction of the superior court pursuant to this section is not eligible for discharge from the jurisdiction until the date set by the court.

B. A secure mental health facility may request a hearing pursuant to section 13-3995. An outpatient treatment supervisor may request a hearing pursuant to section 13-3996.  A person who is placed under the jurisdiction of the superior court may request a hearing pursuant to section 13-3997.  The person may attend any hearing by video conference from the secure mental health facility.  After the hearing, the court may take one of the following actions:

1. If the court finds that the person still has a mental disease or defect and is dangerous, the court shall order that the person remain committed at the secure mental health facility.

2. If the court finds that the person no longer needs ongoing treatment for a mental disease or defect and is not dangerous, the court shall place the person on supervised probation for the remainder of the commitment term imposed pursuant to section 13-502, subsection D.

3. If the court finds that the person still has a mental disease or defect or that the mental disease or defect is in stable remission but the person is no longer dangerous, the court shall order the person's conditional release. The person shall remain under the court's jurisdiction.

4. If the person could have been sentenced pursuant to section 13-704, section 13-710 or section 13-751, subsection A and the court finds that the person no longer needs ongoing treatment for a mental disease or defect and the person is dangerous, the court shall impose the sentence and order the person to be transferred to the state department of corrections for the remainder of the commitment term.  All time spent under the court's jurisdiction and any time spent committed pursuant to this section shall be credited against any sentence imposed.

C. At the time of sentencing or placement on probation, the court shall notify the person in writing of the person's appeal rights under rule 31, Arizona rules of criminal procedure.

D. A person who is conditionally released is subject to all of the following:

1. The court in conjunction with the secure mental health facility and supervisors from behavioral health community providers shall agree on and specify the conditions of the person's release. The outpatient provider that is specified in the conditional release plan shall monitor the person on conditional release and notify the court and the secure mental health facility if there is a change in the person's condition.

2. Before the person is conditionally released, a supervised treatment plan must be in place.

3. The court may implement the person's conditional release in incremental steps beginning with supervised passes into the community for increasing lengths of time, continuing through independent passes and ending with release to live in the community.  Before implementing each stage of conditional release, the court must find by clear and convincing evidence that the community will be protected and the person will be safe under the proposed supervised treatment plan. 

4. If approved by the court, pass supervisors may include members of the inpatient or outpatient treatment team, other mental health treatment providers or other responsible persons who are willing to ensure that the person abides by the conditional release terms.

5. The secure mental health facility shall implement the court's conditional release order or immediately request a hearing pursuant to section 13-3996 to explain why the order has not been implemented and propose a revised order.

E. At any hearing for release or conditional release:

1. Public safety and protection are primary.

2. The party or treatment supervisor who is seeking a change in privileges or a change in hospitalization has the burden of proof by clear and convincing evidence.

F. Unless otherwise provided in this section or on a showing of sufficient cause, a party or treatment supervisor shall submit a request for a hearing to the board pursuant to section 13-3995, 13-3996 or 13-3997 at least forty-five days before the requested hearing date and shall include the reasons for the request. The requesting party shall provide the court, the treatment supervisor, if the request is not made by the treatment supervisor, and all other parties with a copy of the hearing request. When a hearing is set, the court shall order the treatment supervisor to submit a mental health report.

G. The court's decision is effective on oral pronouncement. Any portion of the court's order that contains personal identifying information about the patient, treatment supervisor or pass supervisor shall be sealed by the court and may not be disclosed to the public or to a victim. For the purposes of this subsection, "personal identifying information" includes a person's date of birth, social security number, phone number and address and employer information.