Arizona Revised Statutes
Title 36 - Public Health and Safety
§ 36-4005 - Conditional release to a less restrictive alternative; conditions; reports; review

36-4005. Conditional release to a less restrictive alternative; conditions; reports; review
(Eff. 1/1/24)
A. If the court determines that conditional release to a less restrictive alternative is in the best interest of the committed defendant and will adequately protect the community and the court determines that the minimum conditions under section 36-4006 are met, the court shall enter judgment and order the committed defendant's conditional release to a less restrictive alternative.
B. If the court concludes that the only reason the committed defendant does not meet the standard for continued commitment is the effect of treatment or habilitation being received, the court may deny the request for conditional release to a less restrictive alternative unless the court finds by a preponderance of the evidence that the committed defendant will continue to receive treatment and habilitation following release for as long as the treatment and habilitation is required. If the court finds that the committed defendant will continue to receive the needed treatment or habilitation, the court may order the committed defendant to be conditionally released to a less restrictive alternative on the condition that the committed defendant continue to receive treatment or habilitation. If the committed defendant fails to receive the treatment or habilitation ordered, the court may revoke the conditional release.
C. The court may impose any additional conditions on the committed defendant that the court determines are necessary to ensure the committed defendant's compliance with treatment and to protect the community. If the court finds that conditions do not exist that will both ensure the committed defendant's compliance with treatment and protect the community, the court shall remand the committed defendant to the custody of the medical director for care, supervision or treatment in a secure state mental health facility.
D. If the provider that is designated to provide inpatient or outpatient treatment or to monitor or supervise any other terms and conditions of a committed defendant's placement in a less restrictive alternative is not the secure state mental health facility, the provider shall agree in writing to provide the treatment.
E. Before the court authorizes a committed defendant's conditional release to a less restrictive alternative, the court shall impose any conditions on the committed defendant that the court determines are necessary to ensure the safety of the community. The conditions shall include that before being released to a less restrictive alternative, a committed defendant must submit to ninety days of inpatient evaluation at the secure state mental health facility, except that in the medical director's discretion, the duration of the evaluation period may be less than ninety days. The court shall order the medical director to investigate the less restrictive alternative and to submit additional conditions to the court. The court shall give a copy of the conditions of release to the committed defendant and to any designated service provider. Other conditions may include any of the following:
1. Specifying a residence.
2. Requiring compliance with any medications prescribed and any testing or monitoring required.
3. Prohibiting any contact with potential or past victims or other persons and prohibiting associating with other persons or types of persons.
4. Prohibiting the use of alcohol and other drugs.
5. Requiring that the committed defendant remain in this state unless the committed defendant receives prior authorization to leave this state from the court.
6. Requiring compliance with required supervision, monitoring or reporting.
7. Complying with other conditions that the court or the medical director determines are in the best interest of the committed defendant or others.
F. Following a determination that a committed defendant's release to a less restrictive alternative is warranted and after considering the recommendation regarding the duration and amount of treatment by the medical director, the court shall require as a condition of release to a less restrictive alternative that the committed defendant participate in outpatient treatment. The outpatient supervision and treatment may include monitoring a committed defendant by use of an electronic bracelet. The treatment shall continue until the court orders a change in the committed defendant's treatment requirements or the committed defendant is discharged pursuant to section 36-4009.
G. Each month or as otherwise directed by the court, each designated service provider shall submit a report that states whether the committed defendant is complying with the terms and conditions of conditional release to a less restrictive alternative to each of the following:
1. The court.
2. The secure state mental health facility from which the committed defendant was released.
3. The attorney for the state.
H. The court shall review the case of each committed defendant who is conditionally released to a less restrictive alternative within one year after the committed defendant's release and annually thereafter on motion of either party or the medical director or on the court's own motion until the committed defendant is discharged. At a case review, the court shall determine only if the committed defendant shall continue to be conditionally released to a less restrictive alternative. In making its determination, the court shall consider the periodic reports that are submitted to the court pursuant to subsection G of this section and the opinions of the medical director and any other competent professional.

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