Arizona Laws 36-4007. Detention and commitment requirements; definition
A. A committed defendant does not forfeit any legal right and may not suffer any legal disability as a consequence of any actions taken or orders made pursuant to this article except as specifically provided in this article.
Terms Used In Arizona Laws 36-4007
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Attorney for the state: means the county attorney in the county where the committed defendant was found to be a committed defendant, or the attorney general, who represents this state at any proceedings held pursuant to this chapter. See Arizona Laws 36-4001
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Less restrictive alternative: means court-ordered treatment in a setting that is less restrictive than total confinement. See Arizona Laws 36-4001
- Medical director: means the medical director of the secure behavioral health residential facility in which the committed defendant resides. See Arizona Laws 36-4001
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215
B. A committed defendant shall receive care, supervision or treatment. The medical director shall keep records detailing all medical, expert and professional care and treatment that a committed defendant 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 defendant.
2. The committed defendant’s attorney.
3. The attorney for the state.
4. The court.
5. On proper showing, an expert or professional who demonstrates a need for access to the records or reports.
6. Any mental health professional directly responsible or associated with the mental health professional who is directly responsible for the care, control, assessment or treatment of the committed defendant.
C. At the time a committed defendant is detained or transferred into a licensed facility, 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 committed defendant. The staff member who makes an inventory of the committed defendant’s personal property shall give a signed copy of that inventory to the committed defendant. The facility shall allow a responsible relative to inspect the property, subject to any limits that the committed defendant specifically imposes. The facility may not disclose the contents of the inventory to any other person without the consent of the committed defendant or a court order.
D. Except as provided in section 13-4517, subsection B, the medical director is responsible for all expenses associated with the education, care, supervision and treatment to render the committed defendant either competent or nondangerous.
E. This article does not prohibit a committed defendant 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 defendant must exhaust all direct appeal and postcommitment procedures before exercising the committed defendant’s right to petition for a writ of habeas corpus.
F. A committed defendant who is indigent may not be conditionally released to a less restrictive alternative or discharged without suitable clothing. When a committed defendant is conditionally released to a less restrictive alternative or discharged, the medical director shall furnish the committed defendant with an amount of money in conformance with section 31-228.
G. For the purposes of this section, "responsible relative" means the spouse, parent, adult child or adult sibling of the committed defendant and includes the guardian, conservator or attorney of the committed defendant.