Arizona Revised Statutes

Ariz. Rev. Stat. § 36-3712 (2026)

Detention and commitment requirements; definition

✓ current as of May 2026

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A. A person who is committed or conditionally released to a less restrictive alternative pursuant to this article does not forfeit any legal right and shall not suffer any legal disability as a consequence of any actions taken or orders made except as specifically provided in this article.

B. A person who is committed or conditionally released to a less restrictive alternative pursuant to this article shall receive care, supervision or treatment. The superintendent of the state hospital shall keep records detailing all medical, expert and professional care and treatment that a committed person receives and shall keep copies of all reports of periodic examinations that are made pursuant to this article. These records and reports shall be made available on request only to any of the following:

1. The committed person.

2. The committed person's attorney.

3. The county attorney or the attorney general.

4. The court.

5. On proper showing, an expert or professional person who demonstrates a need for access to the records or reports.

6. Any mental health professional directly responsible or associated with the mental health professional who is directly responsible for the care, control, assessment or treatment of the committed person.

C. At the time a person is detained or transferred into a licensed facility pursuant to this article, the person in charge of the facility or the person's designee shall take reasonable precautions to inventory and safeguard the personal property of the detained or transferred person. The staff member who makes an inventory of the person's personal property shall give a signed copy of that inventory to the person. The facility shall allow a responsible relative to inspect the property, subject to any limitations that the person specifically imposes. The facility shall not disclose the contents of the inventory to any other person without the consent of the person or a court order.

D. This article does not prohibit a person who is committed or conditionally released to a less restrictive alternative from exercising any right that is available for the purpose of obtaining release from confinement, including the right to petition for a writ of habeas corpus. The committed person must exhaust all direct appeal and postcommitment procedures before exercising the committed person's right to petition for a writ of habeas corpus.

E. A person who is indigent may not be conditionally released to a less restrictive alternative or discharged without suitable clothing. When a person is conditionally released to a less restrictive alternative or discharged, the superintendent of the state hospital shall furnish the person with an amount of money pursuant to section 31-228.

F. For the purposes of this section, "responsible relative" means the spouse, parent, adult child or adult sibling of the person and includes the guardian, conservator or attorney of the person.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1999–2021 · leading case: Martin v. Reinstein, 987 P.2d 779 (Ariz. Ct. App. 1999).

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Martin v. Reinstein, 987 P.2d 779 (Ariz. Ct. App. 1999). · cites it 2× “§ 36-3712(B). Moreover, the state has hired an expert to set up Arizona's treatment program.”

State v. Hoggatt, 18 P.3d 1239 (Ariz. Ct. App. 2001). · cites it 2× “A.R.S. § 36-3712(B) (emphasis added). ¶ 20 Finally, DHS contends that it does not have the vehicles, personnel, or other resources to safely transport detainees to and from court proceedings.”

Steven Lane Fuller v. State of Arizona, 314 P.3d 814 (Ariz. Ct. App. 2013). · cites it 2× “When persons who ultimately are determined to be sexually violent are denied timely process under title 36, they suffer commensurate delays in the professional treatment for their condition, see A.R.S. § 36-3712(B), and in the periodic reviews of their progress that could result…”

Nickolich v. Arizona Cmty. Prot. & Treatment Ctr. (D. Ariz. 2021). · cites it 2× “” Ariz. Rev. Stat. § 36-3712 (A) & (D). The Act also 13 “does not prohibit the committed person from annually petitioning the court for conditional 14 release to a less restrictive alternative without the approval of the superintendent of the 15 state hospital or the director of…”

— Ariz. Rev. Stat. § 36-3712(B) — 3 cases

Martin v. Reinstein, 987 P.2d 779 (Ariz. Ct. App. 1999). “§ 36-3712(B). Moreover, the state has hired an expert to set up Arizona's treatment program.”

State v. Hoggatt, 18 P.3d 1239 (Ariz. Ct. App. 2001). “A.R.S. § 36-3712(B) (emphasis added). ¶ 20 Finally, DHS contends that it does not have the vehicles, personnel, or other resources to safely transport detainees to and from court proceedings.”

Steven Lane Fuller v. State of Arizona, 314 P.3d 814 (Ariz. Ct. App. 2013). “When persons who ultimately are determined to be sexually violent are denied timely process under title 36, they suffer commensurate delays in the professional treatment for their condition, see A.R.S. § 36-3712(B), and in the periodic reviews of their progress that could result…”

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