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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
court-ordered evaluations
Purpose
Excludes weekends and holidays from the prescribed timelines relating to court-ordered evaluation of persons who are alleged to be, as a result of a mental disorder, a danger to self or to others or who have a persistent or acute disability or a grave disability.
Background
Any responsible individual may apply for a court-ordered evaluation of a person who is alleged to be, as a result of a mental disorder, a danger to self or to others or has a persistent or acute disability or a grave disability and who is unwilling or unable to undergo a voluntary evaluation. Upon receiving an application for evaluation, a screening agency, before filing a petition for court-ordered evaluation, must provide a prepetition screening within 48 business hours, when possible, to determine: 1) if there is reasonable cause to believe the allegations of the applicant for the court-ordered evaluation; 2) if the person will voluntarily receive evaluation at a scheduled time and place; and 3) if the person has a persistent or acute disability, a grave disability or is likely to present a danger to self or others until the voluntary evaluation. If the application is not acted on within 48 hours, the reasons for not acting promptly must be reviewed by the director of the screening agency or the director's designee and the reasons must be stated in the report explaining why the prepetition screening was not possible (A.R.S. §§ 36-520 and 36-521).
If determined on an evaluation of the patient's condition that the patient is, as a result of a mental disorder, a danger to self or to others or has a persistent or acute disability or a grave disability, the medical director in charge of the agency that provided the evaluation must prepare, sign and file a petition for court-ordered treatment, except as prescribed for when the county attorney performs the functions of preparing, signing or filing the petition. A person being evaluated on an inpatient basis in an evaluation agency must be released within 72 hours, excluding weekends and holidays, from the time that the person is hospitalized pursuant to a court order for evaluation, unless the person applies for further care and treatment on a voluntary basis or a petition for court-ordered treatment has been filed (A.R.S. § 36-531)
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a completed court-ordered evaluation to be filed with the court within 72 hours after the patient's admission to the evaluation agency, excluding weekends and holidays.
2. Clarifies that a petition for court-ordered treatment must be filed, as prescribed, on the same or succeeding court day as the evaluation agency determines that, as a result of a mental disorder, the patient:
a) is a danger to self or others;
b) has a persistent or acute disability; or
c) has a grave disability.
3. Excludes weekends and holidays from the requirement that the director of a screening agency review the reasons reported for not acting on an application for court-ordered evaluation within 48 hours.
4. Makes technical changes.
5. Becomes effective on the general effective date.
House Action
HHS 2/17/25 DP 10-1-1-0
3rd Read 2/26/25 57-0-3
Prepared by Senate Research
March 10, 2025
MM/KS/slp