Arizona Laws 36-4009. Petition for discharge; procedures; annual report
A. If the medical director determines that the committed defendant‘s mental illness, defect or disability has so changed that the committed defendant is no longer dangerous if discharged but remains incompetent to stand trial, the medical director shall allow the committed defendant to petition the court for discharge. The committed defendant 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.
Terms Used In Arizona Laws 36-4009
- 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
- Competent professional: means a person who is:
(a) Familiar with this state's criminal and involuntary commitment statutes and standards that are available in this state for persons with a mental illness, defect or disability. See Arizona Laws 36-4001
- Dangerous: means that, as a result of a mental illness, defect or disability, a person's continued behavior can reasonably be expected, on the basis of a mental health expert's opinion, to result in serious physical harm or death to another person. See Arizona Laws 36-4001
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Medical director: means the medical director of the secure behavioral health residential facility in which the committed defendant resides. See Arizona Laws 36-4001
- Secure state mental health facility: means a secure behavioral health residential facility that is licensed pursuant to Section 36-425. See Arizona Laws 36-4001
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
B. The committed defendant may be present at the discharge hearing. 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 committed defendant will not be substantially prejudiced. Either party may request that the committed defendant be examined by the party’s own competent professional. The attorney for the state has the burden of proving by clear and convincing evidence that the committed defendant’s mental illness, defect or disability has not changed and that the committed defendant remains dangerous. If the state does not meet its burden of proof, the committed defendant shall be discharged from treatment.
C. This section does not prohibit the committed defendant from annually petitioning the court for discharge without the approval of the medical director. The medical director shall give annual written notice to the committed defendant of the committed defendant’s right to petition the court for discharge without the approval of the medical director and provide a copy of that written notice to the committed defendant in connection with proceedings under this article. The notice shall contain a waiver of rights. The medical director shall submit the notice and waiver to the court with the annual examination report.
D. The medical director of each secure state mental health facility shall annually report the following information for the previous year to the Arizona criminal justice commission:
1. The number of committed defendants who are under the jurisdiction of the medical director because the individual is dangerous, incompetent and nonrestorable.
2. The number of individuals who are committed defendants and dangerous and who are released.