Title 36 — Public Health and Safety
55 chapters · 1,413 sections in this title.
A.R.S. § 36-3701 Definitions
3.2K chars
In this article, unless the context otherwise requires: 1. "Agency" means any agency that is authorized to direct the release of a person who is serving a sentence or term of confinement or who is receiving treatment, including a state or federal prison, a county jail and the Ari…
A.R.S. § 36-3702 Notice of release; referral; immunity
5.9K chars
1. From confinement if the person was convicted at any time of a sexually violent offense. 2. If the person was found guilty except insane at any time of committing a sexually violent offense. 3. If the person was charged at any time with a sexually violent offense and was determ…
A.R.S. § 36-3703 Competent professionals
1.6K chars
A. If a person is subject to an examination under this article, each party may select a competent professional to perform simultaneous evaluations of the person. The parties may stipulate to an evaluation by only one competent professional. B. If the person is indigent, the court…
A.R.S. § 36-3704 Sexually violent person petition; filing; procedures
1.8K chars
A. Before a sexually violent person is released from confinement, the following persons may file a petition in superior court alleging that the person is a sexually violent person and stating sufficient facts to support that allegation: 1. The county attorney in the county in whi…
A.R.S. § 36-3705 Judicial determination of sexually violent person; transfer for evaluation
2.6K chars
A. On the filing of a petition pursuant to section 36-3704, the judge shall determine if probable cause exists to believe that the person named in the petition is a sexually violent person. B. If the judge determines that probable cause exists to believe that the person named in …
A.R.S. § 36-3706 Trial
0.5K chars
Within one hundred twenty days after a petition is filed pursuant to section 36-3704, the court shall conduct a trial to determine if the person named in the petition is a sexually violent person. The county attorney, attorney general or person named in the petition may request a…
A.R.S. § 36-3707 Determining sexually violent person status; commitment procedures
2.1K chars
A. The court or jury shall determine beyond a reasonable doubt if the person named in the petition is a sexually violent person. If the state alleges that the sexually violent offense on which the petition for commitment is based was sexually motivated, the state shall prove beyo…
A.R.S. § 36-3708 Annual examination of committed persons; report
1.2K chars
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 co…
A.R.S. § 36-3709 Petition for change of status; procedures
3.1K chars
A. If the superintendent of the state hospital or the director of the department of health services determines that the person's mental disorder has so changed that the person is not likely to engage in acts of sexual violence if conditionally released to a less restrictive alter…
A.R.S. § 36-3710 Conditional release to a less restrictive alternative; conditions; reports; review
4.7K chars
A. If the court determines that conditional release to a less restrictive alternative is in the best interest of the person and will adequately protect the community and the court determines that the minimum conditions under section 36-3711 are met, the court shall enter judgment…
A.R.S. § 36-3711 Conditional release to a less restrictive alternative; findings
1.5K chars
Before the court orders that a person be conditionally released to a less restrictive alternative, the court shall find that all of the following apply: 1. The person will be treated by a provider who is qualified to provide the necessary treatment in this state. 2. The provider …
A.R.S. § 36-3712 Detention and commitment requirements; definition
2.9K chars
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 thi…
A.R.S. § 36-3713 Revocation of conditional release to a less restrictive alternative; hearing
2.4K chars
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…
A.R.S. § 36-3714 Petition for discharge; procedures
2.7K chars
A. If the superintendent of the state hospital or the director of the department of health services determines that the person's mental disorder has so changed that the person is not likely to engage in acts of sexual violence if discharged, the superintendent or director shall a…
A.R.S. § 36-3715 Expenditure limitation
0.6K chars
The total amount of state monies that may be spent in any fiscal year by the department of health services for all aspects of the sexually violent persons program shall not exceed the amount appropriated, or authorized by section 35-173, for that purpose. This section shall not b…
A.R.S. § 36-3716 Expenditure limitation; political subdivision
0.7K chars
A. The total amount of monies that may be spent in any fiscal year by a political subdivision pursuant to this article for all aspects of the sexually violent persons program shall not exceed the amount authorized by the budget established pursuant to section 11-201 or section 11…
A.R.S. § 36-3717 Place of proceedings; transportation; immunity
2.3K chars
A. Except as provided in subsection B of this section, a person who is detained or civilly committed pursuant to this article shall not be transported from a licensed facility under the supervision of the superintendent of the Arizona state hospital, except that a person may be t…