36-535. Detention of proposed patient; time of
hearing; released patient; intervention by division
A. If, on the filing of a petition for court-ordered treatment, the patient is not
then detained in an agency, the court shall order the detention of the patient in the
agency that conducted the evaluation if the court determines that the patient is likely
to present a danger to self or others before the conclusion of the hearing or is not
likely to appear at the hearing on the petition if not detained. The court shall issue
such orders as are necessary to provide for the apprehension, transportation and
detention of the proposed patient. The court shall appoint counsel for the proposed
patient if one has not been previously appointed.
B. The court shall order the hearing to be held within six business days after the
petition is filed, Except that, on good cause shown, the court may continue the hearing
at the request of either party. The hearing may be continued for a maximum of thirty days
at the request of the proposed patient. The hearing may be continued for a maximum of
three business days at the request of the petitioner. If the hearing is continued at the
request of the petitioner and the proposed patient is involuntarily hospitalized, the
proposed patient may request a hearing to determine whether the proposed patient should
be involuntarily hospitalized during the continuation period.
C. If after reviewing the petition with its attached material and other evidence at
hand the court finds that the patient is not, as a result of mental disorder, a danger to
self or others, persistently or acutely disabled or gravely disabled, the patient shall
be released.
D. The division, acting on behalf of the state hospital, may intervene as a party
to the proceedings on any petition for court-ordered treatment and may appear as a party
at the hearing on the petition by filing a written notice of intervention with the clerk
of the superior court in the county in which the petition was filed, at any time before
either the original time set for the hearing or the time to which the hearing is
continued. The intervenor at the hearing may cross-examine any witnesses presented by
other parties pursuant to section 36-539, may subpoena and present witnesses of its own,
including physicians, and may present other evidence. The intervenor, on stipulation with
all other parties or on order of the court, may cause physicians to personally conduct
mental status examinations of the proposed patient and to testify as to their opinions
concerning whether the proposed patient is, as a result of mental disorder, a danger to
self or to others, is persistently or acutely disabled or is gravely disabled and as to
whether the proposed patient requires treatment. This subsection applies in addition to
all rules of evidence, the Arizona rules of civil procedure and section 36-539.
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