Arizona Revised Statutes Title 13. Criminal Code § 13-3994. Persons under the jurisdiction of the superior court; hearing; mental health report; risk assessment; conditional release; hearings and decisions

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 § 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 § 13-704, § 13-710 or § 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.

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 § 13-3996 to explain why the order has not been implemented and propose a revised order.

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.