Ariz. Rev. Stat. » Title 36
Arizona Revised Statutes

Ariz. Rev. Stat. § 36-3708 (2026)

Annual examination of committed persons; report

✓ current as of May 2026
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A. The psychiatrist, psychologist or other competent professional of the state hospital or a licensed facility under the supervision of the superintendent of the Arizona state hospital shall annually examine each person who is committed pursuant to this article. The person who conducts the annual examination shall submit the examination report to the court. The annual report shall state if conditional release to a less restrictive alternative is in the best interest of the person and will adequately protect the community.

B. The person may retain, or on the request of an indigent person the court may appoint, a competent professional to conduct the examination. A retained or appointed competent professional shall have access to all records concerning the person. If the person retains or is appointed a competent professional, the state has the right to have the committed person evaluated by a competent professional of the state's own choice. All competent professionals shall have equal access to the person as well as all records concerning the person.

C. The court shall hold a hearing pursuant to section 36-3709 if any change of release conditions is recommended.

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1999–2024 · leading case: Arizona State Hosp. v. Klein, 296 P.3d 1003 (Ariz. Ct. App. 2013).
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Arizona State Hosp. v. Klein, 296 P.3d 1003 (Ariz. Ct. App. 2013). · cites it 9× “In § 36-3708, the legislature has allowed the Center to have any “competent professional” perform the annual evaluations that the law requires for each committed person.”
Martin v. Reinstein, 987 P.2d 779 (Ariz. Ct. App. 1999). · cites it 4× “§ 36-3708. In addition, the SVP may petition annually for a change of status.”
In Re Leon G., 59 P.3d 779 (Ariz. 2002). · cites it 2× “If the SVP is committed, he or she "shall receive care, supervision or treatment until the person's mental disorder has so changed that the person would not be a threat to public safety if the person was conditionally released to a less restrictive alternative or was…”
Steven Lane Fuller v. State of Arizona, 314 P.3d 814 (Ariz. Ct. App. 2013). · cites it 3× “See A.R.S. § 36-3708. ¶ 14 Finally, unlike in criminal proceedings, where a person who is sentenced receives credit for any pretrial incarceration, see A.”
In Re Commitment of Frankovitch, 121 P.3d 1240 (Ariz. Ct. App. 2005). · cites it 2× “The Arizona Community Protection and Treatment Center of the Arizona State Hospital filed an annual report in 2000, 2001, and 2002, as required by A.R.S. § 36-3708. Because of numerous motions and constitutional challenges Frankovitch filed in the trial court and special action…”
State of Arizona v. Hon. Ehrlich/eric Walker, 59 P.3d 779 (Ariz. 2002). · cites it 2× “If the SVP is committed, he or she “shall receive care, supervision or treatment until the person’s mental disorder has so changed that the person would not be a threat to public safety if the person was conditionally released to a less restrictive alternative or was…”
In Re the Commitment of Wilfredo Jaramillo, 278 P.3d 1284 (Ariz. Ct. App. 2012). · cites it 2× “Jerry Day and, after his examination, Jaram-illo filed a second request for trial, asking to be discharged or, alternatively, for his less-restrictive alternative “conditions [to] be modified to be compatible with those that have been recommended by Dr.”
In Re Pima Cnty. Mental Health Cause No. A20020026, 352 P.3d 921 (Ariz. Ct. App. 2015). “But, § 36-3708 does not require testimony from a psychologist or psychiatrist, but only a “competent professional.”
In Re the Commitment of Robert Flemming, 131 P.3d 478 (Ariz. Ct. App. 2006). “He contends his rights under the SVP Act include the right to “care, supervision and treatment” at the ACPTC in accordance with § 36-3707(13); the right to be evaluated annually pursuant to § 36-3708; and the right to petition annually for release to a less restrictive,…”
In Re: Ms 2015-000003 (Ariz. Ct. App. 2024). · cites it 8× “Under A.R.S. § 36-3708(A), a person committed as an SVP is examined annually by a mental health professional to determine whether “conditional release to a less restrictive alternative is in the best interest of the person and will adequately protect the community.”
State v. Ehrlich, 26 P.3d 481 (Ariz. 2001). · cites it 2× “A.R.S. § 36-3708. Either the state or the SVP may petition the court for discharge or for conditional release to a less restrictive setting with appropriate treatment and supervision.”
In Re Leon G., 26 P.3d 481 (Ariz. 2001). · cites it 2× “A.R.S. § 36-3708. Either the state or the SVP may petition the court for discharge or for conditional release to a less restrictive setting with appropriate treatment and supervision.”
Show all 15 citing cases →
— Ariz. Rev. Stat. § 36-3708(A) — 4 cases
Arizona State Hosp. v. Klein, 296 P.3d 1003 (Ariz. Ct. App. 2013). “In § 36-3708, the legislature has allowed the Center to have any “competent professional” perform the annual evaluations that the law requires for each committed person.”
Steven Lane Fuller v. State of Arizona, 314 P.3d 814 (Ariz. Ct. App. 2013). “See A.R.S. § 36-3708. ¶ 14 Finally, unlike in criminal proceedings, where a person who is sentenced receives credit for any pretrial incarceration, see A.”
In Re: Ms 2015-000003 (Ariz. Ct. App. 2024). “Under A.R.S. § 36-3708(A), a person committed as an SVP is examined annually by a mental health professional to determine whether “conditional release to a less restrictive alternative is in the best interest of the person and will adequately protect the community.”
In Re: Ms 2008-000007 (Ariz. Ct. App. 2024).
— Ariz. Rev. Stat. § 36-3708(B) — 2 cases
In Re the Commitment of Wilfredo Jaramillo, 278 P.3d 1284 (Ariz. Ct. App. 2012). “Jerry Day and, after his examination, Jaram-illo filed a second request for trial, asking to be discharged or, alternatively, for his less-restrictive alternative “conditions [to] be modified to be compatible with those that have been recommended by Dr.”
In Re: Ms 2015-000003 (Ariz. Ct. App. 2024). “Under A.R.S. § 36-3708(A), a person committed as an SVP is examined annually by a mental health professional to determine whether “conditional release to a less restrictive alternative is in the best interest of the person and will adequately protect the community.”
— Ariz. Rev. Stat. § 36-3708(C) — 2 cases
Arizona State Hosp. v. Klein, 296 P.3d 1003 (Ariz. Ct. App. 2013). “In § 36-3708, the legislature has allowed the Center to have any “competent professional” perform the annual evaluations that the law requires for each committed person.”
In Re: Ms 2015-000003 (Ariz. Ct. App. 2024). “Under A.R.S. § 36-3708(A), a person committed as an SVP is examined annually by a mental health professional to determine whether “conditional release to a less restrictive alternative is in the best interest of the person and will adequately protect the community.”
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