Arizona SB 1243: court-ordered treatment; guardians; notice; release

Bill Text

Chapter 0161 - 572R - S Ver of SB1243 

 Senate Engrossed

 court-ordered 
 treatment; guardians; notice; release

 State of Arizona

 Senate

 Fifty-seventh Legislature

 Second Regular Session

 2026

 CHAPTER 161

 SENATE BILL 1243

AN 
ACT

Amending sections 36-541.01 and 36-543, 
Arizona Revised Statutes; relating to court-ordered treatment.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-541.01, Arizona Revised 
Statutes, is amended to read:

START_STATUTE36-541.01. Release or discharge from treatment before expiration of period 
ordered by court; notification of intent to release or discharge; hearing; 
immunity

A. A patient who is found to have a grave disability 
or a persistent or acute disability and who is ordered to undergo treatment 
pursuant to this article may be released from inpatient treatment when, in the 
opinion of the medical director of the mental health treatment agency, the 
level of care offered by the mental health treatment 
agency is no longer required. The patient may agree to continue 
treatment voluntarily. If the patient is to be released, the medical director of the mental health treatment agency shall arrange for an 
appropriate alternative placement.� If the patient who is to be released from 
inpatient treatment is under a guardianship, the medical director of the mental 
health treatment agency shall notify the guardian and any relevant regional 
behavioral health authority at least ten days before the 
intended release date that the patient no longer requires the level of care 
that is offered by the mental health treatment 
agency. The guardian and, if relevant, the regional behavioral 
health authority shall arrange alternative placement with the advice and 
recommendations of the medical director of the mental health treatment agency.� The guardian and, if relevant, the 
regional behavioral health authority may waive the ten-day notice 
required by this subsection.

B. A patient who is ordered to undergo treatment 
pursuant to this article may be released from treatment before the expiration 
of the period ordered by the court if, in the opinion of the medical director 
of the mental health treatment agency, the patient no longer is, as a result of 
a mental disorder, a danger to others or a danger to self or no longer has a 
persistent or acute disability or a grave disability. A person 
who is ordered to undergo treatment as a danger to others or who has had a 
petition filed by a prosecutor pursuant to section 13-4517 may not be 
released or discharged from treatment before the expiration of the period for 
treatment ordered by the court unless the medical director first gives notice 
of intention to do so as provided by this section. If the 
patient who is to be released from treatment is under a guardianship, at least 
ten days before the intended release date the medical director of the mental 
health treatment agency shall notify the guardian that in the opinion of the 
medical director of the mental health treatment agency the patient no longer 
is, as a result of a mental disorder, a danger to others or a danger to self or 
no longer has a persistent or acute disability or a grave disability and that 
the mental health treatment agency intends to release the patient from 
treatment. A guardian is not required to file a demand for notice pursuant to 
this subsection.

C. Before the release or discharge of a patient who 
is ordered to undergo treatment pursuant to this article and 
BEFORE the expiration of the period for treatment ordered by the court, 
the medical director of the mental health treatment agency shall notify the 
following of the medical director's intention of the medical director of the mental health treatment agency 
to release or discharge the patient:

1. The presiding judge of the court that entered the 
order for treatment.

2. Any relative or victim of the patient who has 
filed a demand for notice with the treatment agency court. 

3. Any person found by the court to have a 
legitimate reason for receiving notice.

4. The patient's guardian.

D. If the patient is undergoing court-ordered 
treatment as the result of a petition filed by a prosecuting 
agency prosecutor pursuant to section 13-4517, 
all of the following apply:

1. The person may not be released or 
discharged from treatment before the expiration of the period for treatment 
ordered by the court unless the medical director of the mental health TREATMENT 
agency first gives notice as provided in this subsection.

2. The medical director of the 
mental health treatment agency shall notify the court and the prosecuting 
agency if a civil commitment order issued pursuant to this chapter expires or 
is terminated, or if the patient is discharged to outpatient treatment.

3. The medical director of the mental health treatment agency shall provide this notice 
by mail at least five days before the anticipate