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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
mental disorders; considerations; involuntary treatment
Purpose
Outlines circumstances under which a person cannot be considered for court-ordered involuntary treatment.
Background
Current statue defines mental disorder as a substantial disorder of the person's emotional process, thought, cognition or memory and is distinguished from conditions related to drug or alcohol abuse, intellectual disability, declining mental abilities accompanying impending death, and character and personality disorders. Statue outlines the application and screening processes for a court-ordered evaluation of a person who is alleged to be dangerous due to a mental disorder and permits any responsible individual to apply for a court-ordered evaluation of a person who is alleged to be, because of a mental disorder, a danger to themselves or to others. Similarly, any responsible individual may apply for a court-ordered evaluation of a person with a persistent, acute or grave disability who is unwilling or unable to undergo a voluntary psychiatric evaluation (A.R.S. §§ 36-501; 36-520; and 36-521).
There is no fiscal anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Permits a person who presents with impairments consistent with both a mental disorder and substance use disorder to be screened, evaluated and treated if, after considering the person's history, an appropriate assessment and a reasonable period of time to rule out substance abuse as the primary cause of the alleged behavior, the person's presentation is consistent with a mental disorder that would benefit from treatment.
2. Precludes a person who has a substance use disorder without a co-occurring mental disorder from being considered for court-ordered involuntary treatment.
3. Prohibits a person who has an intellectual disability from being involuntarily treated unless the person additionally has a mental disorder that would benefit from treatment.
4. Prohibits a person with declining mental abilities that directly accompany impending death from being involuntarily treated.
5. Prohibits a person with a character or personality disorder characterized by lifelong antisocial behavior patterns from being involuntarily treated unless the person also has a mental disorder that would benefit from treatment.
6. States that other prescribed timeframes related to involuntary treatment remain unaffected.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Eliminates proposed language modifying the definition of mental disorder.
Amendments Adopted by Committee of the Whole
1. Establishes that a person who presents with specified impairments can be rendered eligible for involuntary treatment after being given an appropriate assessment and time to rule out substance use as the underlying cause of alleged behavior.
2. Specifies that prescribed timelines related to involuntary treatment remain unaffected.
Senate Action
HHS 1/20/21 DPA 8-0-0
Prepared by Senate Research
February 10, 2021
CRS/gs/kja