12-136. Indian tribal courts; involuntary
commitment orders; recognition
A. Notwithstanding any law to the contrary, an involuntary commitment order of an
Arizona tribal court filed with the clerk of the superior court shall be recognized and
is enforceable by any court of record in this state, subject to the same procedures,
defenses and proceedings for reopening, vacating or staying as a judgment of the
court. The Arizona supreme court may adopt rules regarding recognition of tribal court
involuntary commitment orders. The state, through the attorney general, shall be given
notice of the filing at the time the commitment order is filed and shall have five days
from receipt of the written notice of the filing of the order to appear as a party and
respond. A patient committed to a state mental health treatment facility under this
section shall be subject to the jurisdiction of the state.
B. Decisions regarding discharge or release of a patient committed pursuant to
subsection A shall be made by the facility providing involuntary treatment. Ten days
prior to discharge or release, the state mental health treatment facility shall notify
the tribal court which issued the involuntary commitment order of the facility's
intention to discharge or release a patient. Any necessary outpatient follow-up and
transportation of the patient to the jurisdiction of the tribal court, within the time
set forth in the notice, shall be provided for in an intergovernmental agreement between
the tribe and the department of health services.
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