PREFILED JAN 07 2022
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REFERENCE TITLE: court-ordered treatment; enhanced services |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1113 |
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Introduced by Senator Barto
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AN ACT
amending title 36, chapter 5, article 5, Arizona Revised Statutes, by adding section 36-540.03; relating to mental health services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 5, article 5, Arizona Revised Statutes, is amended by adding section 36-540.03, to read:
36-540.03. Enhanced treatment services; determination of need; order; definition
A. The court may enter an order for enhanced treatment services as prescribed in this section. The order for enhanced treatment services may be entered by the court as an initial order for treatment or on entering an amended or renewed order for treatment. An order for enhanced treatment services shall incorporate a written enhanced treatment services plan prepared by staff familiar with the patient's case history and approved by the medical director of the person, agency or organization designated to administer and supervise the patient's treatment program.
B. The court may enter an order for enhanced treatment services if the court finds by clear and convincing evidence that both of the following apply:
1. Despite having had treatment offered, prescribed, recommended or ordered to improve the patient's condition or to prevent a relapse or harmful deterioration of the patient's condition, the patient has demonstrated a continuing unwillingness or inability to participate in or adhere to treatment.
2. If the patient does not participate in and adhere to treatment ordered by the court, there is a substantial risk that the patient's physical, emotional or mental condition will deteriorate or continue to deteriorate to the point that it is likely that the patient will, in the reasonably near future, as a result of a mental disorder inflict physical harm on himself, herself or another person or be in danger of suffering serious harm due to the patient's inability to provide for basic personal needs such as nourishment, essential clothing, medical care, shelter or safety.
C. In determining whether to enter an order for enhanced treatment services, the court shall consider all of the following:
1. Evidence that the patient's understanding of the need for treatment is impaired to the point that the patient is unlikely to voluntarily participate in or adhere to treatment ordered.
2. Evidence that within the thirty-six months before the petition, excluding any time the patient was hospitalized or incarcerated during this period, the patient's nonparticipation in or nonadherence to treatment offered or recommended to the patient was a factor in at least one of the following:
(a) The patient being taken to a hospital emergency room, a psychiatric hospital or a crisis center for evaluation, stabilization or treatment at least two times.
(b) The patient being arrested, charged with a crime or detained in a jail or detention center at least two times.
(c) The patient committing, attempting to commit or threatening to commit one or more acts of serious physical harm to the patient or others.
(d) Any combination of the events or acts set forth in subdivision (a), (b) or (c) of this paragraph at least two times.
3. Any other evidence relevant to the patient's willingness or ability to participate in and adhere to treatment.
D. If the court enters an order for enhanced treatment services, the court shall advise the patient orally and in writing that the enhanced treatment services plan approved by the court is part of the court order enforceable by the court and that noncompliance with the court's order or the terms and conditions of the enhanced treatment services plan may result in the issuance of an order for the patient to be placed in or return to inpatient treatment and an order for a peace officer to detain the patient for that purpose.
E. The court shall order the mental health treatment agency designated to administer and supervise the patient's enhanced treatment services plan to file written progress reports with the court at least every sixty days. The court may require the patient and a representative of the treatment team to appear in court at times designated to address the patient's compliance and the services provided. the court may change or modify the patient's enhanced treatment services plan at any such appearance on motion of any party or on the court's own motion.
F. Any treatment deemed necessary to improve the patient's condition and protect the public shall be provided to the patient regardless of the patient's eligibility to receive the treatment paid for with federal monies. In order to receive any enhanced treatment services ordered by the court, the patient may not be required by any agency or provider to agree or consent to the enhanced treatment services if the court specifically finds that the patient's mental disorder significantly impairs the patient's capacity to make an informed decision regarding treatment.
G. For the purposes of this section, "enhanced treatment services" means services identified in a written enhanced treatment services plan approved by the court that shall include at least the following:
1. Assignment of the patient to a treatment team with an intensive case manager for any services who is required, among other duties, to have in-person contact with the patient at such frequency that will facilitate the patient's adherence to and compliance with the treatment plan and will allow for regular first-hand assessment of the patient's progress and condition.
2. Housing or residential placement that provides the patient with stable, safe and, if necessary, secure residence to enhance compliance with the treatment plan and protect the safety of the patient and the public.
3. Safe, reliable and adequate transportation for the patient to successfully comply with the treatment plan.