36-3717

36-3717. Place of proceedings; transportation;
immunity

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 transported to court for any of the following reasons:

1. A probable cause hearing pursuant to section 36-3705.

2. A trial pursuant to section 36-3706.

3. A hearing on a petition for conditional release to a less restrictive
alternative pursuant to section 36-3709.

4. A hearing on a petition for discharge pursuant to section 36-3714.

5. Any evidentiary hearing in which the presence of a person who is detained or
civilly committed pursuant to this article is necessary.

6. Any court proceeding not otherwise specified in this article where the presence
of the detainee or committed person is required.

B. Subsection A of this section does not apply to any person whom the court has
determined is subject to conditional release pursuant to section 36-3710 or to any
necessary medical transports.

C. Subsection A of this section does not preclude any proceeding from being held on
the grounds of the Arizona state hospital or from using a telephonic conference or an
interactive audiovisual device. The court shall adopt rules concerning the conduct of
proceedings pursuant to this article. The rules shall ensure the safety of all persons.
The rules may include provisions that allow for proceedings to be held on the grounds of
the Arizona state hospital or for the use of a telephonic conference or an interactive
audiovisual device.

D. The department of health services is responsible for the transportation to and
from a medical facility of a person who is detained or committed pursuant to this
article. The department of health services shall determine the appropriate mode of
transportation and level of security and restraint for the transportation needs of the
person. In determining the appropriate mode of transportation and level of security and
restraint, the department shall consider the safety of the public, the transporting
personnel and the detained or committed person.

E. The department of health services and any county sheriff are immune from
liability for any good faith acts under this section.