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

Ariz. Rev. Stat. § 36-3713 (2026)

Revocation of conditional release to a less restrictive alternative; hearing

✓ current as of May 2026
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A. If the petitioner or the court believes that the person who is conditionally released to a less restrictive alternative is not complying with the terms and conditions of release or is in need of additional care and treatment, the designated service provider or the attorney for the state may petition the court for, or the court on its own motion may schedule, a hearing for the purpose of revoking or modifying the terms and conditions of the person's conditional release. The hearing shall be held within ten days after the petition is filed.

B. If the attorney for the state or the court reasonably believes that a person who is conditionally released to a less restrictive alternative is not complying with the terms and conditions of the person's conditional release, is in need of additional care or treatment or if the circumstances of the release have changed so that the community is no longer safe, the court, the department of health services or the probation officer may order that the conditionally released person be detained and taken into custody until a hearing can be scheduled to determine if the person's conditional release should be revoked or modified. The court shall be notified before the close of the next judicial day of the person's detention. The attorney for the state and the conditionally released person may request an immediate mental examination of the person. If the conditionally released person is indigent, the court, on request, shall assist the person in obtaining a competent professional to conduct the examination.

C. Within five days after receiving notice of the person's detention, the court shall schedule a hearing. At the hearing, the court shall determine if the state has proved by a preponderance of the evidence that the person who is conditionally released to a less restrictive alternative did not comply with the terms and conditions of release, is in need of additional care or treatment or if the circumstances of the release have changed so that the community is no longer safe and if the person should continue on conditional release under the same or modified conditions or if the conditional release should be revoked and the person should be committed to total confinement, subject to release only under the provisions of this chapter. The court may admit hearsay evidence if the court finds that the hearsay evidence is otherwise reliable.

Notes of Decisions
Cited in 2 cases, 2015–2017 · leading case: In Re Pima Cnty. Mental Health Cause No. A20020026, 352 P.3d 921 (Ariz. Ct. App. 2015).
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In Re Pima Cnty. Mental Health Cause No. A20020026, 352 P.3d 921 (Ariz. Ct. App. 2015). · cites it 10× “OPINION ESPINOSA, Judge: ¶ 1 In this appeal, we consider whether appellant John Sanchez was properly denied reinstatement of his conditional release pursuant to A.R.S. § 36-3713(0 following a revocation hearing.”
In Re the Det. of Jeffrey Anderson, Jeffrey Anderson, 895 N.W.2d 131 (Iowa 2017). · cites it 2× “3d at 924 ; see also Ariz. Rev. Stat. Ann. § 36-3713 (C). The State can do this by demonstrating that the terms of release were violated, additional treatment is necessary, or the community is no longer safe with the person in conditional release.”
— Ariz. Rev. Stat. § 36-3713(0) — 1 case
In Re Pima Cnty. Mental Health Cause No. A20020026, 352 P.3d 921 (Ariz. Ct. App. 2015). “OPINION ESPINOSA, Judge: ¶ 1 In this appeal, we consider whether appellant John Sanchez was properly denied reinstatement of his conditional release pursuant to A.R.S. § 36-3713(0 following a revocation hearing.”
— Ariz. Rev. Stat. § 36-3713(C) — 1 case
In Re Pima Cnty. Mental Health Cause No. A20020026, 352 P.3d 921 (Ariz. Ct. App. 2015). “OPINION ESPINOSA, Judge: ¶ 1 In this appeal, we consider whether appellant John Sanchez was properly denied reinstatement of his conditional release pursuant to A.R.S. § 36-3713(0 following a revocation hearing.”
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