A. A person who is placed under the jurisdiction of the superior court pursuant to this section is not eligible for discharge from the jurisdiction until the date set by the court.
B. A secure mental health facility may request a hearing pursuant to section 13-3995. An outpatient treatment supervisor may request a hearing pursuant to section 13-3996. A person who is placed under the jurisdiction of the superior court may request a hearing pursuant to section 13-3997. The person may attend any hearing by video conference from the secure mental health facility. After the hearing, the court may take one of the following actions:
1. If the court finds that the person still has a mental disease or defect and is dangerous, the court shall order that the person remain committed at the secure mental health facility.
2. If the court finds that the person no longer needs ongoing treatment for a mental disease or defect and is not dangerous, the court shall place the person on supervised probation for the remainder of the commitment term imposed pursuant to section 13-502, subsection D.
3. If the court finds that the person still has a mental disease or defect or that the mental disease or defect is in stable remission but the person is no longer dangerous, the court shall order the person's conditional release. The person shall remain under the court's jurisdiction.
4. If the person could have been sentenced pursuant to section 13-704, section 13-710 or section 13-751, subsection A and the court finds that the person no longer needs ongoing treatment for a mental disease or defect and the person is dangerous, the court shall impose the sentence and order the person to be transferred to the state department of corrections for the remainder of the commitment term. All time spent under the court's jurisdiction and any time spent committed pursuant to this section shall be credited against any sentence imposed.
C. At the time of sentencing or placement on probation, the court shall notify the person in writing of the person's appeal rights under rule 31, Arizona rules of criminal procedure.
D. A person who is conditionally released is subject to all of the following:
1. The court in conjunction with the secure mental health facility and supervisors from behavioral health community providers shall agree on and specify the conditions of the person's release. The outpatient provider that is specified in the conditional release plan shall monitor the person on conditional release and notify the court and the secure mental health facility if there is a change in the person's condition.
2. Before the person is conditionally released, a supervised treatment plan must be in place.
3. The court may implement the person's conditional release in incremental steps beginning with supervised passes into the community for increasing lengths of time, continuing through independent passes and ending with release to live in the community. Before implementing each stage of conditional release, the court must find by clear and convincing evidence that the community will be protected and the person will be safe under the proposed supervised treatment plan.
4. If approved by the court, pass supervisors may include members of the inpatient or outpatient treatment team, other mental health treatment providers or other responsible persons who are willing to ensure that the person abides by the conditional release terms.
5. The secure mental health facility shall implement the court's conditional release order or immediately request a hearing pursuant to section 13-3996 to explain why the order has not been implemented and propose a revised order.
E. At any hearing for release or conditional release:
1. Public safety and protection are primary.
2. The party or treatment supervisor who is seeking a change in privileges or a change in hospitalization has the burden of proof by clear and convincing evidence.
F. Unless otherwise provided in this section or on a showing of sufficient cause, a party or treatment supervisor shall submit a request for a hearing to the board pursuant to section 13-3995, 13-3996 or 13-3997 at least forty-five days before the requested hearing date and shall include the reasons for the request. The requesting party shall provide the court, the treatment supervisor, if the request is not made by the treatment supervisor, and all other parties with a copy of the hearing request. When a hearing is set, the court shall order the treatment supervisor to submit a mental health report.
G. The court's decision is effective on oral pronouncement. Any portion of the court's order that contains personal identifying information about the patient, treatment supervisor or pass supervisor shall be sealed by the court and may not be disclosed to the public or to a victim. For the purposes of this subsection, "personal identifying information" includes a person's date of birth, social security number, phone number and address and employer information.
Notes of Decisions
Cited in
24
cases (
1 in the last 5 years), 1986–2024 · leading case:
Blake v. Schwartz, 42 P.3d 6 (Ariz. Ct. App. 2002).
Blake v. Schwartz, 42 P.3d 6 (Ariz. Ct. App. 2002).
· cites it 60× “¶ 5 Prior to commitment to the PSRB, an attorney sought to intervene on Blake’s behalf and have portions of A.R.S. § 13-3994 declared unconstitutional.”
State v. Helffrich, 846 P.2d 151 (Ariz. Ct. App. 1992).
· cites it 44× “On appeal, he reasserts his argument that various conditional release provisions under A.R.S. § 13-3994 are unconstitutional and that the trial court erred in failing to unconditionally release him.”
State v. Cornell, 878 P.2d 1352 (Ariz. 1994).
· cites it 12× “See A.R.S. § 13-3994. [4] It is also true, however, that under the facts of this case, the prosecutor's suggestion was largely correct.”
State v. Moody, 94 P.3d 1119 (Ariz. 2004).
· cites it 4× “Not only did this comment impermissibly appeal to the jurors' fears, but it was also an incorrect statement of law, because under Arizona law a defendant who is found NGBRI is "committed to a secure state mental health facility.”
State v. Bomar, 19 P.3d 613 (Ariz. Ct. App. 2001).
· cites it 16× “section 13-3994 (Supp. 2000-2001), with no pre-sentence incarceration credit.”
State v. Johnson, 753 P.2d 154 (Ariz. 1988).
· cites it 18× “About sixteen months after his commitment, the trial court held a hearing on his status pursuant to A.R.S. § 13-3994. As a result of that hearing, the trial court ordered Johnson’s release from the hospital on a conditional basis.”
State v. Ward, 26 P.3d 1158 (Ariz. Ct. App. 2001).
· cites it 3× “01, 13-701, subsection C, § 13-710 or § 13-1406 if the defendant had not been found insane, and the judge shall commit the defendant pursuant to § 13-3994 for that term. In making this determination the court shall not consider the sentence enhancements for prior convictions…”
State v. Ovind, 924 P.2d 479 (Ariz. Ct. App. 1996).
· cites it 7× “A.R.S. § 13-3994. Commitment; hearing; jurisdiction; definition A.”
Arnold v. Arizona Dep't of Health Servs., 775 P.2d 521 (Ariz. 1989).
· cites it 2× “As a result of a hearing pursuant to A.R.S. § 13-3994, the trial court ordered his release from ASH on a conditional basis.”
State v. Fell, 97 P.3d 902 (Ariz. Ct. App. 2004).
· cites it 2× “§ 13-502; consequently, the trial court had been required to commit the defendant to a secure mental health facility for the “presumptive” term for the offense pursuant to A.R.S. § 13-3994. Division One concluded, in that context, that § 13-703 was “ambiguous, probably the…”
State v. Hoggatt, 18 P.3d 1239 (Ariz. Ct. App. 2001).
· cites it 2× “§ 36-524(E) (allowing peace officer to take person into custody and transport person to evaluation agency if evaluation agency personnel find reasonable cause to believe emergency examination is necessary); A.R.S. § 13-3994(L) (persons on conditional release but committed to…”
— Ariz. Rev. Stat. § 13-3994(0) — 3 cases
State v. Johnson, 753 P.2d 154 (Ariz. 1988).
“About sixteen months after his commitment, the trial court held a hearing on his status pursuant to A.R.S. § 13-3994. As a result of that hearing, the trial court ordered Johnson’s release from the hospital on a conditional basis.”
State v. Helffrich, 846 P.2d 151 (Ariz. Ct. App. 1992).
“On appeal, he reasserts his argument that various conditional release provisions under A.R.S. § 13-3994 are unconstitutional and that the trial court erred in failing to unconditionally release him.”
— Ariz. Rev. Stat. § 13-3994(1) — 1 case
State v. Bomar, 19 P.3d 613 (Ariz. Ct. App. 2001).
“section 13-3994 (Supp. 2000-2001), with no pre-sentence incarceration credit.”
— Ariz. Rev. Stat. § 13-3994(A) — 4 cases
Blake v. Schwartz, 42 P.3d 6 (Ariz. Ct. App. 2002).
“¶ 5 Prior to commitment to the PSRB, an attorney sought to intervene on Blake’s behalf and have portions of A.R.S. § 13-3994 declared unconstitutional.”
State v. Helffrich, 846 P.2d 151 (Ariz. Ct. App. 1992).
“On appeal, he reasserts his argument that various conditional release provisions under A.R.S. § 13-3994 are unconstitutional and that the trial court erred in failing to unconditionally release him.”
State v. Bomar, 19 P.3d 613 (Ariz. Ct. App. 2001).
“section 13-3994 (Supp. 2000-2001), with no pre-sentence incarceration credit.”
— Ariz. Rev. Stat. § 13-3994(B) — 5 cases
State v. Helffrich, 846 P.2d 151 (Ariz. Ct. App. 1992).
“On appeal, he reasserts his argument that various conditional release provisions under A.R.S. § 13-3994 are unconstitutional and that the trial court erred in failing to unconditionally release him.”
— Ariz. Rev. Stat. § 13-3994(C) — 4 cases
State v. Helffrich, 846 P.2d 151 (Ariz. Ct. App. 1992).
“On appeal, he reasserts his argument that various conditional release provisions under A.R.S. § 13-3994 are unconstitutional and that the trial court erred in failing to unconditionally release him.”
State v. Johnson, 753 P.2d 154 (Ariz. 1988).
“About sixteen months after his commitment, the trial court held a hearing on his status pursuant to A.R.S. § 13-3994. As a result of that hearing, the trial court ordered Johnson’s release from the hospital on a conditional basis.”
— Ariz. Rev. Stat. § 13-3994(D) — 8 cases
Blake v. Schwartz, 42 P.3d 6 (Ariz. Ct. App. 2002).
“¶ 5 Prior to commitment to the PSRB, an attorney sought to intervene on Blake’s behalf and have portions of A.R.S. § 13-3994 declared unconstitutional.”
State v. Helffrich, 846 P.2d 151 (Ariz. Ct. App. 1992).
“On appeal, he reasserts his argument that various conditional release provisions under A.R.S. § 13-3994 are unconstitutional and that the trial court erred in failing to unconditionally release him.”
State v. Ward, 26 P.3d 1158 (Ariz. Ct. App. 2001).
“01, 13-701, subsection C, § 13-710 or § 13-1406 if the defendant had not been found insane, and the judge shall commit the defendant pursuant to § 13-3994 for that term. In making this determination the court shall not consider the sentence enhancements for prior convictions…”
State v. Bomar, 19 P.3d 613 (Ariz. Ct. App. 2001).
“section 13-3994 (Supp. 2000-2001), with no pre-sentence incarceration credit.”
— Ariz. Rev. Stat. § 13-3994(F) — 1 case
State v. Bomar, 19 P.3d 613 (Ariz. Ct. App. 2001).
“section 13-3994 (Supp. 2000-2001), with no pre-sentence incarceration credit.”
— Ariz. Rev. Stat. § 13-3994(F)(1) — 1 case
State v. Bomar, 19 P.3d 613 (Ariz. Ct. App. 2001).
“section 13-3994 (Supp. 2000-2001), with no pre-sentence incarceration credit.”
— Ariz. Rev. Stat. § 13-3994(F)(2) — 2 cases
State v. Ovind, 924 P.2d 479 (Ariz. Ct. App. 1996).
“A.R.S. § 13-3994. Commitment; hearing; jurisdiction; definition A.”
— Ariz. Rev. Stat. § 13-3994(K) — 1 case
— Ariz. Rev. Stat. § 13-3994(L) — 1 case
State v. Hoggatt, 18 P.3d 1239 (Ariz. Ct. App. 2001).
“§ 36-524(E) (allowing peace officer to take person into custody and transport person to evaluation agency if evaluation agency personnel find reasonable cause to believe emergency examination is necessary); A.R.S. § 13-3994(L) (persons on conditional release but committed to…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.