PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1710
(Reference to Senate engrossed bill)
Page 31, between lines 19 and 20, insert:
"Sec. 26. Section 36-407.03, Arizona Revised Statutes, is amended to read:
36-407.03. Hospitals; visitation policy; exceptions
A. A hospital shall develop a visitation policy that allows a patient to have daily in-person visitation by a designated visitor of the patient's choice, which may include the patient's spouse or one parent or child of the patient. A hospital's policies policy regarding visitation shall ensure that the patient and the patient's visitors may have physical contact, especially during end-of-life visitation, unless a physician determines based on the patient's condition that the visitation does not meet health and safety standards or is reasonably likely to harm the patient. If a physician denies visitation with a patient pursuant to this section, the patient or the patient's representative, which may include the patient's spouse, parent or child, may request a meeting, as provided by the visitation policy, with the physician and the hospital's chief medical officer, chief of staff or chief executive officer to receive a review and explanation within twenty-four hours of after the physician's decision to deny visitation. If the designated visitor's request to visit is denied or not resolved at the meeting, the visitor may file a complaint with the department. All visitors must comply with reasonable health and safety precautions imposed by the hospital in connection with the visit.
B. This section does not apply to the Arizona state hospital, or any other licensed facility under the jurisdiction of the superintendent director of the Arizona state hospital or chapter 5 of this title.
Sec. 27. Section 36-420.03, Arizona Revised Statutes, is amended to read:
36-420.03. Health care employers; workplace violence prevention plan; investigation; reporting; nondiscrimination; definitions
A. Not later than July 1, 2023, each health care employers employer shall develop, implement and maintain a written workplace violence prevention plan that does all of the following:
1. Includes components that are specifically tailored to the conditions and hazards of the health care employer's sites and patient-specific risk factors.
2. Identifies the individual who is responsible for implementing and overseeing the plan.
3. Requires the conspicuous posting of signs in public areas throughout the health care employer's sites, including all emergency facilities, that are at least twelve inches by twelve inches in size and that provide notice that assault on a health care worker may be prosecuted as a felony.
4. Includes reporting, incident response and postincident investigation procedures, including procedures:
(a) For health care workers to report workplace violence risks, hazards and incidents.
(b) For health care employers to respond to reports of workplace violence.
(c) For health care employers to perform a postincident investigation and debriefing of all reported incidents of workplace violence with the participation of health care workers.
5. Requires the health care employers employer to provide information to health care workers about a health care worker's ability to report any assault to law enforcement and, on request, to assist the health care worker in reporting the assault.
B. Each health care employer shall make its workplace violence prevention plan available at all times to all health care workers and contractors who provide patient care.
C. As soon as practicable after a workplace violence incident is reported to the health care employer, the health care employer shall investigate the incident and shall do all of the following:
1. Review the circumstances of the incident.
2. Solicit input from involved health care workers and supervisors about the cause of the incident and whether further corrective measures could have prevented the incident.
3. Document the findings, recommendations and corrective measures taken, if applicable, for each investigation conducted.
D. Each health care employer shall provide training and education to its health care workers who may be exposed to workplace violence hazards and risks.
E. Each health care employer shall maintain:
1. Records that relate to each of the health care employer's workplace violence prevention plans, including identifying, evaluating and correcting hazards and risks and training procedures.
2. An incident log for recording all reported workplace violence incidents and records of all incident investigations. The log shall include the date, time and location of the incident, the name of every person who is involved in the incident, a description of the incident and the nature and extent of injuries to health care workers.
F. The health care employer shall annually evaluate the implementation and effectiveness of the workplace violence prevention plan, including a review of the violent incident log and compliance with any training. The annual evaluation shall be documented.
G. The health care employer shall adopt a policy that prohibits any person from discriminating or retaliating against any health care worker for either:
1. Reporting to or seeking assistance or intervention from the health care employer, law enforcement, local emergency services or a government agency or for participating in an incident investigation.
2. Reasonably acting in self defense or defense of others in response to an imminent threat of physical harm.
H. A health care employer may not discriminate or retaliate against a health care worker for either:
1. Reporting to or seeking assistance or intervention from the health care employer, law enforcement, local emergency services or a government agency or for exercising any other rights under this section.
2. Reasonably acting in self defense or defense of others in response to an imminent threat of physical harm.
I. This section does not affect the legal obligations of a health care employer and health care worker pursuant to the protection of patients' rights.
J. This section does not apply to the Arizona state hospital or any other licensed facility that is under the jurisdiction of the superintendent director of the Arizona state hospital.
K. For the purposes of this section:
1. "Health care employer" means a health care institution that is licensed pursuant to this title as a hospital, freestanding emergency services facility or urgent care facility and that has more than fifty employees.
2. "Health care worker" means an employee of a health care employer or a person who has a contract with a health care employer to provide health care or related services."
Renumber to conform
Page 37, between lines 12 and 13, insert:
"Sec. 30. Section 36-503.03, Arizona Revised Statutes, is amended to read:
36-503.03. Civil commitment treatment population; cap
The Arizona state hospital shall collect census data for adult civil commitment treatment programs to establish maximum capacity and the allocation formula required by section 36-206, subsection D. The Arizona state hospital or the department of health services is and the state hospital governing board are not required to provide civil commitment treatment that exceeds the funded capacity. If the Arizona state hospital reaches its funded capacity in civil commitment treatment programs, the superintendent director of the state hospital shall establish a waiting list for admission based on the date of the court order issued pursuant to this section.
Sec. 31. Section 36-533, Arizona Revised Statutes, is amended to read:
36-533. Petition for treatment
A. The petition for court-ordered treatment shall allege:
1. That the patient is in need of a period of treatment because the patient, as a result of mental disorder, is a danger to self or to others or has a persistent or acute disability or a grave disability.
2. The treatment alternatives that are appropriate or available.
3. That the patient is unwilling to accept or incapable of accepting treatment voluntarily.
B. The petition shall be accompanied by the affidavits of the two physicians who participated in the evaluation and by the affidavit of the applicant for the evaluation, if any. In a county with a population of less than five hundred thousand persons, the petition may be accompanied by the affidavits of one physician and either one physician assistant or one nurse practitioner who conducted an independent evaluation and by the affidavit of the applicant for the evaluation, if any. The affidavits of the physicians or other health professionals shall describe in detail the behavior that indicates that the person, as a result of mental disorder, is a danger to self or to others or has a persistent or acute disability or a grave disability and shall be based on the physician's or other health professional's observations of the patient and the physician's study of information about the patient. A summary of the facts that support the allegations of the petition shall be included. The affidavit shall also include any of the results of the physical examination of the patient if relevant to the patient's psychiatric condition.
C. The petition shall request the court to issue an order requiring the person to undergo a period of treatment. If a prosecutor filed a petition pursuant to section 13-4517, the petition must be accompanied by any known criminal history of the person and any previous findings of incompetency.
D. The petition shall also include:
1. A statement that in the opinion of the petitioner the person does or does not require guardianship or conservatorship, or both, under title 14 and the reasons on which the statement is based.
2. A request that the court order an independent investigation and report for the court if in the opinion of the petitioner the person does require guardianship or conservatorship, or both.
3. A statement that in the opinion of the petitioner the person does or does not require temporary guardianship or conservatorship, or both, and the reasons on which the statement is based.
4. A request that the court appoint a temporary guardian or conservator, or both, if in the opinion of the petitioner the person does require temporary guardianship or conservatorship, or both.
5. If the person has an existing guardian, a statement identifying the existing guardian and a request that the court consider imposing additional duties on the existing guardian pursuant to section 14-5312.01.
E. If the petition contains a request for court action pursuant to subsection D of this section, a copy of the petition shall be mailed to any person or agency that is nominated as guardian or conservator or the person who is identified as an existing guardian.
F. A copy of all petitions shall be mailed to the superintendent director of the Arizona state hospital.
G. On the filing of a petition for court-ordered treatment, if the patient is not detained in an evaluation agency when the petition is filed, the petition shall contain a statement of any facts and circumstances that lead the petitioner to believe that the proposed patient may be safely transported to the evaluation agency pursuant to section 36-535 by an authorized transporter, if available in the jurisdiction, without the assistance of a peace officer.
Sec. 32. Section 36-539, Arizona Revised Statutes, is amended to read:
36-539. Conduct of hearing; record; transcript
A. The medical director of the evaluation agency shall issue instructions to the physicians or the psychiatric and mental health nurse practitioner of the evaluation agency who is treating the proposed patient to take all reasonable precautions to ensure that at the time of the hearing the proposed patient shall is not be so under the influence of or does not so suffer the effects of drugs, medication or other treatment as to be hampered in preparing for or participating in the hearing. If the proposed patient is being treated as an inpatient by the evaluation agency, the court at the time of the hearing shall be presented a record of all drugs, medication or other treatment that the person has received during the seventy-two hours immediately before the hearing.
B. The patient and the patient's attorney shall be present at all hearings, and the patient's attorney may subpoena and cross-examine witnesses and present evidence. The patient may choose to not attend the hearing or the patient's attorney may waive the patient's presence. The evidence presented by the petitioner or the patient shall include the testimony of two or more witnesses acquainted with the patient at the time of the alleged mental disorder, which may be satisfied by a statement agreed on by the parties, and testimony of the two physicians or other health professionals who participated in the evaluation of the patient pursuant to section 36-533, which may be satisfied by stipulating to the admission of the evaluating physicians' affidavits as required pursuant to section 36-533, subsection B. The evaluating physicians or other health professionals shall testify as to their personal observations of the patient. They shall also testify as to their opinions concerning whether the patient is, as a result of mental disorder, a danger to self or to others or has a persistent or acute disability or a grave disability and as to whether the patient requires treatment. Such testimony shall state specifically the nature and extent of the danger to self or to others, the persistent or acute disability or the grave disability. If the patient has a grave disability, the evaluating physicians or other health professionals shall testify concerning the need for guardianship or conservatorship, or both, and whether or not the need is for immediate appointment. Other persons who have participated in the evaluation of the patient or, if further treatment was requested by a mental health treatment agency, persons of that agency who are directly involved in the care of the patient shall testify at the request of the court or of the patient's attorney. Witnesses shall testify as to placement alternatives appropriate and available for the care and treatment of the patient. The clinical record of the patient for the current admission shall be available and may be presented in full or in part as evidence at the request of the court, the county attorney or the patient's attorney.
C. If the patient, for medical or psychiatric reasons, is unable to be present at the hearing and cannot appear by other reasonably feasible means, the court shall require clear and convincing evidence that the patient is unable to be present at the hearing and on such a finding may proceed with the hearing in the patient's absence.
D. The requirements of subsection B of this section are in addition to all rules of evidence and the Arizona rules of civil procedure, not inconsistent with subsection B of this section.
E. A verbatim record of all proceedings under this section shall be made by stenographic means by a court reporter if a written request for a court reporter is made by any party to the proceedings at least twenty-four hours in advance of such proceedings. If stenographic means are not requested in the manner provided by this subsection, electronic means shall be directed by the presiding judge. The stenographic notes or electronic tape shall be retained as provided by statute.
F. A patient who has been ordered to undergo treatment may request a certified transcript of the hearing. To obtain a copy, the patient shall pay for a transcript or shall file an affidavit that the patient is without means to pay for a transcript. If the affidavit is found true by the court, the expense of the transcript is a charge on the county in which the proceedings were held, or, if an intergovernmental agreement by the counties has required evaluation in a county other than that of the patient's residence, such expense may be charged to the county of the patient's residence or in which the patient was found before evaluation."
Renumber to conform
Page 37, line 35, strike "superintendent" insert "director"
Page 38, line 10, strike "superintendent" insert "director"
Page 40, between lines 22 and 23, insert:
"Sec. 37. Section 36-3701, Arizona Revised Statutes, is amended to read:
36-3701. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means any agency that is authorized to direct the release of a person who is serving a sentence or term of confinement or who is receiving treatment, including a state or federal prison, a county jail and the Arizona state hospital or other mental health treatment agency.
2. "Competent professional" means a person who is:
(a) Familiar with the this state's sexually violent persons statutes and sexual offender treatment programs available in this state.
(b) Approved by the superior court as meeting court approved court-approved guidelines.
3. "Conviction" includes a finding of guilt at any time for a sexually violent offense or an order of the juvenile court adjudicating the person delinquent for any sexually violent offense.
4. "Less restrictive alternative" means court ordered court-ordered treatment in a setting that is less restrictive than total confinement and that is conducted in a setting approved by the superintendent director of the state hospital.
5. "Mental disorder" means a paraphilia, personality disorder or conduct disorder or any combination of paraphilia, personality disorder and conduct disorder that predisposes a person to commit sexual acts to such a degree as to render the person a danger to the health and safety of others.
6. "Sexually violent offense" means any of the following:
(a) Indecent exposure to a person who is under fifteen years of age pursuant to section 13-1402, public sexual indecency to a minor pursuant to section 13-1403, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, continuous sexual abuse of a child pursuant to section 13-1417 or sexual assault of a spouse if the offense was committed before August 12, 2005.
(b) Second degree murder pursuant to section 13-1104, first degree murder pursuant to section 13-1105, assault pursuant to section 13-1203, aggravated assault pursuant to section 13-1204, unlawful imprisonment pursuant to section 13-1303, kidnapping pursuant to section 13-1304 or burglary in the first degree pursuant to section 13-1508 if the court at the time of sentencing or civil commitment proceedings determines beyond a reasonable doubt that the act was sexually motivated pursuant to section 13-118.
(c) An attempt, a solicitation, a facilitation or a conspiracy to commit an offense listed in subdivision (a) or (b) of this paragraph.
(d) An act committed in another jurisdiction that if committed in this state would be a sexually violent offense listed in subdivision (a), (b) or (c) of this paragraph.
(e) A conviction for a felony offense that was in effect before September 1, 1978 and that if committed on or after September 1, 1978 would be comparable to a sexually violent offense listed in subdivision (a) or (b) of this paragraph.
7. "Sexually violent person" means a person to whom both of the following apply:
(a) Has ever been convicted of or found guilty but insane of a sexually violent offense or was charged with a sexually violent offense and was determined incompetent to stand trial.
(b) Has a mental disorder that makes the person likely to engage in acts of sexual violence.
Sec. 38. Section 36-3702, Arizona Revised Statutes, is amended to read:
36-3702. Notice of release; referral; immunity
A. If an agency that has jurisdiction over a person who is at least eighteen years of age determines that the person may be a sexually violent person, the agency shall submit a written request that a petition be filed to the county attorney in the county in which the person was convicted, was found incompetent or will be released or to the attorney general not more than one hundred eighty days and not less than thirty days before the person's anticipated release:
1. From confinement if the person was convicted at any time of a sexually violent offense.
2. If the person was found guilty except insane at any time of committing a sexually violent offense.
3. If the person was charged at any time with a sexually violent offense and was determined to be incompetent to stand trial.
B. If the person has been found incompetent to stand trial pursuant to title 13, chapter 41 and there is no substantial likelihood that the person will be restored to competency within twenty-one months after the date of the original finding of incompetency, the county attorney may request the court to order a screening of the person pursuant to section 13-4518 to determine if the person may be a sexually violent person.
C. If the state department of corrections or the Arizona state hospital has jurisdiction over a person who is at least eighteen years of age and who at any time was convicted of a sexually violent offense, was found guilty except insane of committing a sexually violent offense or was charged with a sexually violent offense and was determined to be incompetent to stand trial, the state department of corrections or the Arizona state hospital shall determine if the person may be a sexually violent person. If the agency determines that the person may be a sexually violent person, the agency shall submit a written request that a petition be filed either to the county attorney in the county in which the person was convicted, was found incompetent or will be released or to the attorney general. The agency must submit the written request not more than one hundred eighty days and not less than thirty days before the person's anticipated release. If the person has a pending sentence of imprisonment in another state or federal jurisdiction, in lieu of the written request the director of the state department of corrections may instead enter into a written agreement with the prosecuting authority by which the person was prosecuted, was found incompetent or will be released to have the person retrieved by the other state or federal jurisdiction.
D. The agency shall provide the county attorney or attorney general with the following to support the written request that a petition be filed:
1. Certified copies of the following court documents:
(a) The complaint, information, judgment of conviction and commitment order for the sexually violent offense that forms the basis for the petition and detention orders.
(b) The complaint, information, judgment of conviction and commitment order for any other conviction that the submitting agency possesses.
2. All records of evaluation and treatment, including any of the following:
(a) All psychological and psychiatric tests and assessment reports and supporting information.
(b) Group notes, autobiographical notes, progress notes, psychosocial reports or other materials that were prepared by or that relate to the person while the person was in custody or receiving treatment from the submitting agency or any other agency.
(c) Presentence investigation reports, whether prepared by the state department of corrections, by a private agency or at the direction of the superior court for sentencing on the sexually violent offense.
3. All records of the person's version of the offenses for which the person has been convicted, including the notes and records of all interviews and discussions with the person while the person was in the care of the submitting agency or any other agency.
4. A record of all convictions and acquittals regardless of whether those convictions were for sexually violent offenses.
5. Police reports that are in the possession of the referring agency and that relate to any sexually violent offense that was committed by the person.
6. Institutional records that relate to the person's behavior and conduct while in custody and that are in the possession of the referring agency.
7. Information indicating the dates of acceptance and rejection by the person of any recommended or court ordered court-ordered psychotropic medication to control the person's mental disorder.
8. Information indicating the dates of acceptance and rejection by the person of any recommended or court ordered court-ordered psychological or psychiatric counseling for treatment of the person's mental disorder.
9. A final release or discharge report, together with any information on which the report is based, that is prepared in anticipation of either the person's release from incarceration or commitment. The report shall include:
(a) A report of the person's condition that was completed within the preceding one hundred twenty days and that includes an opinion expressing to a reasonable degree of psychiatric, psychological or professional certainty that the person has a mental disorder and that, as a result of that mental disorder, the person is likely to engage in a sexually violent offense.
(b) A list of the names of all treatment providers who have treated or worked with the person.
(c) The curriculum vitae of each of the treating individuals that details each individual's education, training and experience.
(d) The facility in which the person is located at the time of the referral and in which the person will be residing pending the filing of a petition.
E. The agency and the agency's officers and employees providing mental health evaluations and reports are immune from liability for any good faith acts under this article.
F. The department of health services state hospital governing board and the department of health services' state hospital governing board's officers and employees providing mental health evaluations and reports are immune from liability for any good faith acts under this article.
G. An agency's inability to comply with the time requirements under subsection A or C of this section does not preclude the county attorney or the attorney general from filing a petition alleging that a person is a sexually violent person.
Sec. 39. Section 36-3704, Arizona Revised Statutes, is amended to read:
36-3704. Sexually violent person petition; filing; procedures
A. Before a sexually violent person is released from confinement, the following persons may file a petition in superior court alleging that the person is a sexually violent person and stating sufficient facts to support that allegation:
1. The county attorney in the county in which a person was found incompetent to stand trial of, found guilty except insane of or convicted of a sexually violent offense.
2. The county attorney in the county in which the person will be released or the attorney general if the person was found incompetent to stand trial of, found guilty except insane of or convicted of a sexually violent offense in another jurisdiction outside the state.
B. The Arizona rules of evidence and the Arizona rules of civil procedure apply to proceedings under this article. The court may admit evidence of past acts that would constitute a sexual offense pursuant to section 13-1420 and the Arizona rules of evidence.
C. The person who is named in the petition is entitled to assistance of counsel at any proceeding that is conducted pursuant to this article. If the person is indigent, the court shall appoint counsel to assist the person. The county board of supervisors may fix a reasonable amount to be paid by the county for the services of an appointed attorney.
D. The court's jurisdiction over a person who is civilly committed pursuant to this article continues until the person is discharged by the court.
E. At any hearing concerning conditions of detention, commitment or treatment at a licensed facility under the supervision of the superintendent director of the Arizona state hospital, a person who is detained or civilly committed pursuant to this article shall show that the procedures or actions of the licensed facility have no reasonable basis in fact or law.
Sec. 40. Section 36-3705, Arizona Revised Statutes, is amended to read:
36-3705. Judicial determination of sexually violent person; transfer for evaluation
A. On the filing of a petition pursuant to section 36-3704, the judge shall determine if probable cause exists to believe that the person named in the petition is a sexually violent person.
B. If the judge determines that probable cause exists to believe that the person named in the petition is a sexually violent person, the judge shall order that the person be detained in a licensed facility under the supervision of the superintendent director of the Arizona state hospital.
C. On motion of the respondent filed within ten days after service of the petition, the court shall hold a probable cause hearing.
D. Within seventy-two hours after a person is detained pursuant to subsection B of this section, the court shall provide the person with notice of and an opportunity to appear at a probable cause hearing to contest the probable cause finding made by the court pursuant to subsection A of this section. At the hearing, the court shall verify the person's identity and shall determine if probable cause exists to believe that the person is a sexually violent person. At the hearing, the state may rely on the petition that alleges that the person is a sexually violent person and that is filed pursuant to section 36-3704. The state may supplement the information in the petition with additional documentary evidence or live testimony.
E. At the probable cause hearing, the person has the following rights:
1. To present evidence on the person's behalf.
2. To cross-examine witnesses who testify against the person.
3. To view and copy all documents and reports in the court file.
F. After the hearing, if the court determines probable cause does not exist to believe that the person is a sexually violent person, the court shall dismiss the petition.
G. If at the hearing the court reaffirms that probable cause exists to believe that the person is a sexually violent person, the judge shall order an evaluation as to whether the person is a sexually violent person. A person whom the court selects from a list of competent professionals shall conduct the evaluation.
H. If the respondent has not requested a probable cause hearing within ten days after service of the petition, the court shall order an evaluation as to whether the respondent is a sexually violent person. A person whom the court selects from a list of competent professionals shall conduct the evaluation.
I. The county shall pay the costs of an evaluation conducted pursuant to subsection G or H of this section.
J. The referring agency shall make available to the department of health services state hospital governing board all records concerning the person detained pursuant to this section.
Sec. 41. Section 36-3707, Arizona Revised Statutes, is amended to read:
36-3707. Determining sexually violent person status; commitment procedures
A. The court or jury shall determine beyond a reasonable doubt if the person named in the petition is a sexually violent person. If the state alleges that the sexually violent offense on which the petition for commitment is based was sexually motivated, the state shall prove beyond a reasonable doubt that the alleged sexually violent act was sexually motivated.
B. If the court or jury determines that the person is a sexually violent person, the court shall either:
1. Commit the sexually violent person to the custody of the department of health services state hospital governing board for placement in a licensed facility under the supervision of the superintendent director of the Arizona state hospital and where the sexually violent person shall receive care, supervision or treatment until the sexually violent person's mental disorder has so changed that the sexually violent person would not be a threat to public safety if the sexually violent person was conditionally released to a less restrictive alternative or was unconditionally discharged.
2. Order that the sexually violent person be released to a less restrictive alternative if the conditions under sections 36-3710 and 36-3711 are met.
C. If the court or jury does not determine beyond a reasonable doubt that the person is a sexually violent person, the court shall order the person's release.
D. If the person named in the petition was found incompetent to stand trial, the court first shall hear evidence and determine if the person committed the act or acts charged if the court did not enter a finding before the charges were dismissed. The court shall enter specific findings on whether the person committed the act or acts charged, the extent to which the person's incompetence to stand trial affected the outcome of the hearing, including its effect on the person's ability to consult with and assist counsel and to testify on the person's own behalf, the extent to which the evidence could be reconstructed without the assistance of the person and the strength of the prosecution's case. If the court finds beyond a reasonable doubt that the person committed the act or acts charged, the court shall enter a final order to that effect and may then consider whether the person should be committed pursuant to this section.
Sec. 42. Section 36-3708, Arizona Revised Statutes, is amended to read:
36-3708. Annual examination of committed persons; report
A. The psychiatrist, psychologist or other competent professional of the state hospital or a licensed facility under the supervision of the superintendent director of the Arizona state hospital shall annually examine each person who is committed pursuant to this article. The person who conducts the annual examination shall submit the examination report to the court. The annual report shall state if conditional release to a less restrictive alternative is in the best interest of the person and will adequately protect the community.
B. The person may retain, or on the request of an indigent person the court may appoint, a competent professional to conduct the examination. A retained or appointed competent professional shall have access to all records concerning the person. If the person retains or is appointed a competent professional, the state has the right to have the committed person evaluated by a competent professional of the state's own choice. All competent professionals shall have equal access to the person as well as all records concerning the person.
C. The court shall hold a hearing pursuant to section 36-3709 if any change of release conditions is recommended.
Sec. 43. Section 36-3709, Arizona Revised Statutes, is amended to read:
36-3709. Petition for change of status; procedures
A. If the superintendent director of the Arizona state hospital or the director of the department of health services determines that the person's mental disorder has so changed that the person is not likely to engage in acts of sexual violence if conditionally released to a less restrictive alternative, the superintendent or director shall allow the person to petition the court for conditional release to a less restrictive alternative. The person shall serve the petition on the court and the attorney for the state. The court shall hold a hearing on the petition for conditional release to a less restrictive alternative within forty-five days after receiving the petition. The court may continue the hearing on the request of either party and a showing of good cause or on its own motion if the respondent will not be substantially prejudiced. The county attorney or the attorney general shall represent the state at the hearing and may request that the petitioner be examined by a competent professional selected by the county attorney or the attorney general. The attorney for the state has the burden of proving beyond a reasonable doubt that the petitioner's mental disorder has not changed and that the petitioner remains a danger to others and is likely to engage in acts of sexual violence if conditionally released to a less restrictive alternative or unconditionally discharged.
B. This section does not prohibit the committed person from annually petitioning the court for conditional release to a less restrictive alternative without the approval of the superintendent director of the Arizona state hospital or the director of the department of health services. The director of the department of health services shall give annual written notice to the committed person of the person's right to petition the court for conditional release to a less restrictive alternative without the approval of the superintendent or director. The notice shall contain a waiver of rights. The director shall submit the notice and waiver to the court with the annual examination report.
C. The committed person may be present at the hearing. The county attorney or the attorney general may request that the person be examined by a competent professional selected by the attorney for the state. The committed person may retain and the court on request of an indigent person may appoint a competent professional. The attorney for the state has the burden of proving beyond a reasonable doubt that the person's mental disorder has not changed and that the person remains a danger to others and is likely to engage in acts of sexual violence if conditionally released to a less restrictive alternative. If the state does not meet its burden of proof, the person shall be discharged from treatment.
D. If at the conclusion of a hearing the court finds that there is no legally sufficient evidentiary basis to conclude that the conditions prescribed in section 36-3711 have been met, the court shall grant the state's motion for a judgment on the issue of conditional release to a less restrictive alternative.
Sec. 44. Section 36-3710, Arizona Revised Statutes, is amended to read:
36-3710. Conditional release to a less restrictive alternative; conditions; reports; review
A. If the court determines that conditional release to a less restrictive alternative is in the best interest of the person and will adequately protect the community and the court determines that the minimum conditions under section 36-3711 are met, the court shall enter judgment and order the person's conditional release to a less restrictive alternative.
B. The court may impose any additional conditions on the person that the court determines are necessary to ensure the person's compliance with treatment and to protect the community. If the court finds that conditions do not exist that will both ensure the person's compliance with treatment and protect the community, the court shall remand the person to the custody of the superintendent director of the Arizona state hospital for care, supervision or treatment in a licensed facility that is under the supervision of the superintendent director.
C. If the provider that is designated to provide inpatient or outpatient treatment or to monitor or supervise any other terms and conditions of a person's placement in a less restrictive alternative is not the state hospital, the provider shall agree in writing to provide the treatment.
D. Before the court authorizes a person's conditional release to a less restrictive alternative, the court shall impose any conditions on the person that the court determines are necessary to ensure the safety of the community. The conditions shall include that prior to before release to a less restrictive alternative, a person shall be required to submit to ninety days of inpatient evaluation at the Arizona state hospital. At the discretion of the superintendent director of the Arizona state hospital, the duration of the evaluation period may be less than ninety days. The court shall order the superintendent of the state hospital director to investigate the less restrictive alternative and to submit additional conditions to the court. The court shall give a copy of the conditions of release to the person and to any designated service provider. Other conditions may include any of the following:
1. Specification of a residence.
2. Prohibition on any contact with potential or past victims.
3. Prohibition on the use of alcohol and other drugs.
4. Supervision by the department of health services state hospital governing board or the county probation department if the person is serving a term of probation.
5. A requirement that the person remain in this state unless the person receives prior authorization from the court.
6. Other conditions that the court or the superintendent director of the Arizona state hospital determines are in the best interest of the person or others.
E. Following a determination that a person's release to a less restrictive alternative is warranted and after considering the recommendation regarding the duration and amount of treatment by the superintendent director of the Arizona state hospital, the court shall require as a condition of release to a less restrictive alternative, that the person participate in outpatient treatment. The outpatient supervision and treatment may include monitoring a person by use of a polygraph or plethysmograph, or both. The treatment shall continue until the court orders a change in the person's treatment requirements or the person is discharged pursuant to section 36-3714.
F. Each month or as otherwise directed by the court, each designated service provider shall submit a report that states if the person is complying with the terms and conditions of the conditional release to a less restrictive alternative to:
1. The court.
2. The facility from which the person was released.
3. The county attorney in the county where the person was found to be a sexually violent person or to the attorney general.
G. The court shall review the case of each person who is conditionally released to a less restrictive alternative within one year after the person's release and thereafter on motion of either party or the superintendent director of the Arizona state hospital or on the court's own motion until the person is discharged. At a case review, the court shall determine only if the person shall continue to be conditionally released to a less restrictive alternative. In making its determination, the court shall consider the periodic reports that are submitted to the court pursuant to subsection F of this section and the opinions of the superintendent of the state hospital director and any other competent professional.
H. If a person is conditionally released to a less restrictive alternative, the department of health services state hospital governing board shall notify the department of public safety of the person's release so that the department of public safety can commence any notification process as provided in section 13-3825.
Sec. 45. Section 36-3711, Arizona Revised Statutes, is amended to read:
36-3711. Conditional release to a less restrictive alternative; findings
Before the court orders that a person be conditionally released to a less restrictive alternative, the court shall find that all of the following apply:
1. The person will be treated by a provider who is qualified to provide the necessary treatment in this state.
2. The provider presents a specific course of treatment for the person, agrees to assume responsibility for the person's treatment, will report on the person's progress to the court on a regular basis and will report any violations as prescribed in paragraphs 4 and 5 of this section immediately to the court, the attorney for the state and the superintendent director of the Arizona state hospital.
3. The person who is conditionally released to a less restrictive alternative has housing arrangements that are sufficiently secure to protect the community and the person or agency that is providing the housing to the conditionally released person agrees in writing to the following conditions:
(a) To accept the conditionally released person.
(b) To provide the level of security that the court requires.
(c) To immediately report the unauthorized absence of the conditionally released person from the housing arrangement to which the person has been assigned.
4. The person will comply with the provider and all of the requirements that are imposed by the provider and the court.
5. The person will comply with the supervision requirements that are imposed by the department of health services state hospital governing board or the county probation department if the person is serving a term of probation.
Sec. 46. Section 36-3712, Arizona Revised Statutes, is amended to read:
36-3712. Detention and commitment requirements; definition
A. A person who is committed or conditionally released to a less restrictive alternative pursuant to this article does not forfeit any legal right and shall not suffer any legal disability as a consequence of any actions taken or orders made except as specifically provided in this article.
B. A person who is committed or conditionally released to a less restrictive alternative pursuant to this article shall receive care, supervision or treatment. The superintendent director of the Arizona state hospital shall keep records detailing all medical, expert and professional care and treatment that a committed person receives and shall keep copies of all reports of periodic examinations that are made pursuant to this article. These records and reports shall be made available on request only to any of the following:
1. The committed person.
2. The committed person's attorney.
3. The county attorney or the attorney general.
4. The court.
5. On proper showing, an expert or professional person who demonstrates a need for access to the records or reports.
6. Any mental health professional directly responsible for or associated with the mental health professional who is directly responsible for the care, control, assessment or treatment of the committed person.
C. At the time a person is detained or transferred into a licensed facility pursuant to this article, the person in charge of the facility or the person's designee shall take reasonable precautions to inventory and safeguard the personal property of the detained or transferred person. The staff member who makes an inventory of the person's personal property shall give a signed copy of that inventory to the person. The facility shall allow a responsible relative to inspect the property, subject to any limitations that the person specifically imposes. The facility shall not disclose the contents of the inventory to any other person without the consent of the person or a court order.
D. This article does not prohibit a person who is committed or conditionally released to a less restrictive alternative from exercising any right that is available for the purpose of obtaining release from confinement, including the right to petition for a writ of habeas corpus. The committed person must exhaust all direct appeal and postcommitment procedures before exercising the committed person's right to petition for a writ of habeas corpus.
E. A person who is indigent may not be conditionally released to a less restrictive alternative or discharged without suitable clothing. When a person is conditionally released to a less restrictive alternative or discharged, the superintendent director of the Arizona state hospital shall furnish the person with an amount of money pursuant to section 31-228.
F. For the purposes of this section, "responsible relative":
1. Means the spouse, parent, adult child or adult sibling of the person. And
2. Includes the guardian, conservator or attorney of the person.
Sec. 47. Section 36-3714, Arizona Revised Statutes, is amended to read:
36-3714. Petition for discharge; procedures
A. If the superintendent director of the Arizona state hospital or the director of the department of health services determines that the person's mental disorder has so changed that the person is not likely to engage in acts of sexual violence if discharged, the superintendent or director shall allow the person to petition the court for discharge. The person shall serve the petition on the court and the attorney for the state. The court shall hold a hearing on the petition for discharge within forty-five days after receiving the petition. The court may continue the hearing on the request of either party and a showing of good cause or on its own motion if the respondent will not be substantially prejudiced. The county attorney or the attorney general shall represent the state at the hearing and may request that the petitioner be examined by a competent professional who is selected by the county attorney or the attorney general. The attorney for the state has the burden of proving beyond a reasonable doubt that the petitioner's mental disorder has not changed and that the petitioner remains a danger to others and is likely to engage in acts of sexual violence if discharged.
B. This section does not prohibit the committed person from annually petitioning the court for discharge without the approval of the superintendent director of the Arizona state hospital or the director of the department of health services. The director of the department of health services state hospital governing board shall give annual written notice to the committed person of the person's right to petition the court for discharge without the approval of the superintendent or director. The notice shall contain a waiver of rights. The director shall submit the notice and waiver to the court with the annual examination report.
C. The committed person may be present at the discharge hearing. The county attorney or the attorney general may request that the person be examined by a competent professional who is selected by the attorney for the state. The committed person may retain and the court on the request of an indigent person may appoint a competent professional. The attorney for the state has the burden of proving beyond a reasonable doubt that the person's mental disorder has not changed and that the person remains a danger to others and is likely to engage in acts of sexual violence if discharged. If the state does not meet its burden of proof, the person shall be discharged from treatment.
D. If a person is discharged, the department of health services state hospital governing board shall notify the department of public safety of the person's discharge so that the department of public safety can commence any notification process as provided in section 13-3825.
Sec. 48. Section 36-3717, Arizona Revised Statutes, is amended to read:
36-3717. Place of proceedings; transportation; immunity
A. Except as provided in subsection B of this section, a person who is detained or civilly committed pursuant to this article shall not be transported from a licensed facility under the supervision of the superintendent director of the Arizona state hospital, except that a person may be transported to court for any of the following reasons:
1. A probable cause hearing pursuant to section 36-3705.
2. A trial pursuant to section 36-3706.
3. A hearing on a petition for conditional release to a less restrictive alternative pursuant to section 36-3709.
4. A hearing on a petition for discharge pursuant to section 36-3714.
5. Any evidentiary hearing in which the presence of a person who is detained or civilly committed pursuant to this article is necessary.
6. Any court proceeding that is not otherwise specified in this article where the presence of the detainee or civilly committed person is required.
B. Subsection A of this section does not apply to any person whom the court has determined is subject to conditional release pursuant to section 36-3710 or to any necessary medical transports.
C. Subsection A of this section does not preclude any proceeding from being held on the grounds of the Arizona state hospital or from using a telephonic conference or an interactive audiovisual device. The court shall adopt rules concerning the conduct of proceedings pursuant to this article. The rules shall ensure the safety of all persons. The rules may include provisions that allow for proceedings to be held on the grounds of the Arizona state hospital or for the use of a telephonic conference or an interactive audiovisual device.
D. The department of health services state hospital governing board is responsible for the transportation to and from a medical facility of a person who is detained or civilly committed pursuant to this article. The department of health services state hospital governing board shall determine the appropriate mode of transportation and level of security and restraint for the transportation needs of the person. In determining the appropriate mode of transportation and level of security and restraint, the department state hospital governing board shall consider the safety of the public, the transporting personnel and the detained or civilly committed person.
E. The department of health services state hospital governing board and any county sheriff are immune from liability for any good faith acts under this section."
Renumber to conform
Amend title to conform