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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HOUSE BILL 2418 |
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AN ACT
Amending section 36‑529, Arizona Revised Statutes; relating to court‑ordered evaluation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-529, Arizona Revised Statutes, is amended to read:
36-529. Order for evaluation; order for detention; hearing
A. If, from the review of the petition for evaluation, the court does not determine that the proposed patient is likely to present a danger to self or others or further deteriorate before the proposed patient's hearing on court‑ordered treatment, but determines that there is reasonable cause to believe that the proposed patient is, as a result of a mental disorder, a danger to self or others or has a persistent or acute disability or a grave disability, the court shall issue an order directing the proposed patient to submit to an evaluation at a designated time and place, specifying that the evaluation will take place on an inpatient or an outpatient basis. The court may also order that, if the person does not or cannot so submit, the person be taken into custody by a peace officer and delivered to an evaluation agency. If the court makes such a conditional order, it shall also make a conditional appointment of counsel for the person to become effective when and if the person is taken into custody pursuant to this section.
B. If, from review of the petition for evaluation, there is reasonable cause to believe that the proposed patient is, as a result of a mental disorder, a danger to self or others or has a persistent or acute disability or a grave disability and that the person requires immediate or continued hospitalization before the proposed patient's hearing on court‑ordered treatment, the court shall order the proposed patient taken into custody and evaluated at an evaluation agency. The court shall promptly appoint counsel for the proposed patient. If an intercounty agreement authorizes the same, the court may order that the evaluation be conducted in another county, and the superior court in the county where the evaluation is conducted shall have has concurrent jurisdiction to make appropriate orders concerning the proposed patient.
C. If the person is not taken into custody or if the evaluation pursuant to the order of the court under subsection A or B of this section is not initiated within fourteen days from after the date of the order, the order and petition for evaluation shall expire. If a prosecutor filed a petition pursuant to section 13‑4517, the court and the prosecuting agency shall receive notice of the expiration of the order for evaluation. The court may enter any orders necessary for further disposition pursuant to section 13‑4517, including a pickup order directing that the person be taken into custody. This subsection does not prevent any person from initiating another court-ordered evaluation of the person pursuant to this chapter.
D. If the person is involuntarily hospitalized, the person shall be informed by the person's appointed attorney of the right to a hearing to determine whether the person should be involuntarily hospitalized for evaluation and to be represented at the hearing by an attorney. If the person requests a hearing to determine whether the person should be involuntarily hospitalized during evaluation, the court shall schedule a hearing at its first earliest opportunity.
E. If an order issued pursuant to subsection A of this section does not require the 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 who is certified pursuant to section 12‑3301.