Arizona Revised Statutes

Ariz. Rev. Stat. § 13-3992 (2026)

Commitment hearing in superior court; jurisdiction; census data collection; deferral

✓ current as of May 2026

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A. A person who is found guilty except insane pursuant to section 13-502 shall be committed to a secure mental health facility for a period of treatment.

B. If the person's act did not cause the death or serious physical injury of or the threat of death or serious physical injury to another person, the court shall set a hearing within seventy-five days after the person's commitment to determine if the person is entitled to release from confinement or if the person meets the standards for civil commitment pursuant to title 36, chapter 5. The court shall notify the medical director of the secure mental health facility, the victim and the parties of the date of the hearing. Fourteen days before the hearing, the medical director of the secure mental health facility shall submit a mental health report to the court and the remaining parties addressing whether the person meets the standard for and should be subject to involuntary hospitalization pursuant to title 36, chapter 5.

C. At a hearing held pursuant to subsection B of this section:

1. If the person proves by clear and convincing evidence that the person no longer has a mental disease or defect or that the person still has a mental disease or defect and is not dangerous, the court shall order the person's release and the person's commitment ordered pursuant to section 13-502, subsection D terminates.

2. If the court finds that the person still has a mental disease or defect and may present a threat of danger to self or others or has a grave, persistent or acute disability, the court shall order the county attorney to institute civil commitment proceedings pursuant to title 36, chapter 5 and the person's commitment ordered pursuant to section 13-502, subsection D terminates.

D. If the court finds that the person's act caused the death of or serious physical injury to or the threat of death or serious physical injury to another person, the court shall retain jurisdiction over the person for the entirety of the commitment term. The court shall state the beginning date, length and ending date of the commitment term and the court's jurisdiction over the person. The length of jurisdiction over the person is equal to the sentence the person could have received pursuant to section 13-707 or section 13-751, subsection A or the presumptive sentence the person could have received pursuant to section 13-702, subsection D or section 13-703, 13-704 or 13-705, section 13-706, subsection A or section 13-710 or 13-1406. In making this determination, the court may not consider the sentence enhancements for prior convictions under section 13-703 or 13-704.

E. If a person is found guilty except insane pursuant to section 13-502, the department of health services shall assume custody of the person within ten days after receiving the order committing the person pursuant to subsection A of this section. The Arizona state hospital shall collect census data for guilty except insane treatment programs to establish maximum funded capacity and the allocation formula required pursuant to section 36-206, subsection D. If the Arizona state hospital reaches its maximum funded capacity for forensic programs, the department of health services may defer the admission of the person found guilty except insane for up to an additional twenty days. The department of health services shall reimburse the county for the actual costs of each day the admission is deferred. If the department of health services is not able to admit the person found guilty except insane at the conclusion of the twenty-day deferral period, the department of health services shall notify the sentencing court, the prosecutor and the defense counsel of this fact. On receipt of this notification, the prosecutor or the person's defense counsel may request a hearing to determine the likely length of time admission will continue to be deferred and whether any other action should be taken. On receipt of the request for hearing, the court shall set a hearing within ten days.

F. The state and the defendant shall provide the secure mental health facility with a copy of the court's commitment order and all documents considered by the court or admitted into evidence, including all medical and mental health reports.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1979–2025 · leading case: City of Phoenix v. Super. Ct., Maricopa Cty., 677 P.2d 1283 (Ariz. 1984).

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City of Phoenix v. Super. Ct., Maricopa Cty., 677 P.2d 1283 (Ariz. 1984). · cites it 8× “On 25 May 1983, some nine months later, a petition for special action was filed in the Court of Appeals, Division One, by the city, claiming that the bill for Mitchell's hospitalization was a county expense pursuant to A.R.S. § 13-3992. The Court of Appeals, noting lack of…”

State Ex Rel. Dep't of Health Servs. v. Cochise Cnty., 800 P.2d 578 (Ariz. 1990). · cites it 16× “Six years later, on March 26, 1987, the state filed the complaint in this action, alleging that the county was liable for that prisoner's hospital bills, pursuant to A.R.S. § 13-3992. [1] The county moved to dismiss the claim because the state had not complied with the statutory…”

City of Phoenix v. Superior Court, 677 P.2d 1283 (Ariz. Ct. App. 1984). · cites it 8× “On 25 May 1983, some nine months later, a petition for special action was filed in the Court of Appeals, Division One, by the city, claiming that the bill for Mitchell’s hospitalization was a county expense pursuant to A.R.S. § 13-3992. The Court of Appeals, noting lack of…”

Fayle v. Stapley, 607 F.2d 858 (9th Cir. 1979). · cites it 2× “Prior to Fayle’s civil commitment, on September 17, 1975, the Maricopa County Attorney’s office petitioned the Superior Court of Maricopa County, Arizona, for an order requiring Fayle to pay such expenses of his hospitalization and maintenance as he could afford, pursuant to…”

Mohave Cnty. v. City of Kingman, 774 P.2d 806 (Ariz. 1989). · cites it 4× “We held that A.R.S. § 13-3992 was “controlling” and that under that statute the city was liable for the costs as long as the matter was pending in city court.”

Mohave Cnty. v. City of Kingman, 761 P.2d 1076 (Ariz. Ct. App. 1988). · cites it 3× “The court further held that the county would be liable for such costs after a determination of incompetency and commitment of the defendant to the state hospital. The issues presented in this appeal do not involve questions concerning the responsibility for the payment of Rule…”

City of Phoenix v. Superior Court, 677 P.2d 1288 (Ariz. Ct. App. 1984). · cites it 2× “nses of transporting him to and from the hospital and of maintaining him while confined therein shall be a charge against the county in which the indictment was found or information filed, but the county may recover such expenses from the estate of the defendant or from a…”

State ex rel. Arizona Dep't of Health Servs. v. Cochise Cnty., 786 P.2d 407 (Ariz. Ct. App. 1989). · cites it 2× “’s hospital charges under A.R.S. § 13-3992, which states that the county “in which the indictment was found or information filed” is responsible for the hospital charges of a defendant committed to the state hospital.”

Lisa Gilpin v. Hon. harris/marcos Martinez, 553 P.3d 169 (Ariz. 2024). · cites it 4× “¶24 The second relevant statute, § 13-3992, confirms the procedure described in § 13-502(D): Anyone found GEI must “be committed to a secure mental health facility for a period of treatment.”

Walker v. State of Arizona (9th Cir. 2025). “” Ariz. Rev. Stat. § 13-3992 (A). Contreras was committed to the Hospital “for restorative psychiatric treatment.”

— Ariz. Rev. Stat. § 13-3992(A) — 1 case

Lisa Gilpin v. Hon. harris/marcos Martinez, 553 P.3d 169 (Ariz. 2024). “¶24 The second relevant statute, § 13-3992, confirms the procedure described in § 13-502(D): Anyone found GEI must “be committed to a secure mental health facility for a period of treatment.”

— Ariz. Rev. Stat. § 13-3992(D) — 1 case

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