ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: HHS DPA/SE 9-0-0-0

HB 2418: technical correction; mental illness; evaluation

S/E: orders for evaluation; process servers

Sponsor:  Representative Barto, LD 15

Caucus & COW

Summary of the Strike-Everything Amendment to HB 2418

Overview

States that if an order for evaluation is issued and it does not require a person to be taken into custody, the use of a peace officer is not required to serve the order.  

History

Current statute allows a court to order an evaluation of a person whom the court determines may be dangerous to self or others due to mental disorder or disability. If the person does not or cannot submit to the order, or if the person requires immediate hospitalization, the person can be taken into custody of a peace officer and delivered to an evaluation agency. If the person is not taken into custody or evaluated within 14 days after the date of the order, then the petition for evaluation expires; however, a new evaluation may be ordered. When a person is involuntarily hospitalized, the person has the right to a hearing to determine whether the person should be hospitalized for evaluation (A.R.S. § 36-529).

Provisions

1.    States that if an order for evaluation is issued and it does not require a person to be taken into custody, the use of a peace officer is not required to serve the order.  Service may be provided by a private process server. ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note(Sec. 1)

2.    Makes technical changes. (Sec. 1)

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6.    Initials IG/ML                    Caucus & COW

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