2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3701 - Definitions

36-3701.
Definitions
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 Arizona state hospital or other mental health treatment agency.
2. " Competent professional"  means a person who is:
(a) Familiar with the state's sexually violent persons statutes and sexual offender treatment programs available in this state.
(b) Approved by the superior court as meeting court approved guidelines.
3. " Conviction"  includes a finding of guilt at any time for a sexually violent offense or an order of the juvenile court adjudicating the person delinquent for any sexually violent offense.
4. " Less restrictive alternative"  means court ordered treatment in a setting that is less restrictive than total confinement and that is conducted in a setting approved by the superintendent of the state hospital.
5. " Mental disorder"  means a paraphilia,  personality disorder or conduct disorder or any combination of paraphilia,  personality disorder and conduct disorder that predisposes a person to commit sexual acts to such a degree as to render the person a danger to the health and safety of others.
6. " Sexually violent offense"  means any of the following:
(a) Indecent exposure to a person who is under fifteen years of age pursuant to section 13-1402,  public sexual indecency to a minor pursuant to section 13-1403,  sexual conduct with a minor pursuant to section 13-1405,  sexual assault pursuant to section 13-1406,  molestation of a child pursuant to section 13-1410,  continuous sexual abuse of a child pursuant to section 13-1417 or sexual assault of a spouse if the offense was committed before August 12,  2005.
(b) Second degree murder pursuant to section 13-1104,  first degree murder pursuant to section 13-1105,  assault pursuant to section 13-1203,  aggravated assault pursuant to section 13-1204,  unlawful imprisonment pursuant to section 13-1303,  kidnapping pursuant to section 13-1304 or burglary in the first degree pursuant to section 13-1508 if the court at the time of sentencing or civil commitment proceedings determines beyond a reasonable doubt that the act was sexually motivated pursuant to section 13-118.
(c) An attempt,  a solicitation,  a facilitation or a conspiracy to commit an offense listed in subdivision (a) or (b) of this paragraph.
(d) An act committed in another jurisdiction that if committed in this state would be a sexually violent offense listed in subdivision (a),  (b) or (c) of this paragraph.
(e) A conviction for a felony offense that was in effect before September 1,  1978 and that if committed on or after September 1,  1978 would be comparable to a sexually violent offense listed in subdivision (a) or (b) of this paragraph.
7. " Sexually violent person"  means a person to whom both of the following apply:
(a) Has ever been convicted of or found guilty but insane of a sexually violent offense or was charged with a sexually violent offense and was determined incompetent to stand trial.
(b) Has a mental disorder that makes the person likely to engage in acts of sexual violence.