reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3711 - Conditional release to a less restrictive alternative; findings

36-3711.
Conditional release to a less restrictive alternative;  findings
Before the court orders that a person be conditionally released to a less restrictive alternative,  the court shall find that all of the following apply:
1. The person will be treated by a provider who is qualified to provide the necessary treatment in this state.
2. The provider presents a specific course of treatment for the person,  agrees to assume responsibility for the person's treatment,  will report on the person's progress to the court on a regular basis and will report any violations as prescribed in paragraphs 4 and 5 of this section immediately to the court,  the attorney for the state and the superintendent of the state hospital.
3. The person who is conditionally released to a less restrictive alternative has housing arrangements that are sufficiently secure to protect the community and the person or agency that is providing the housing to the conditionally released person agrees in writing to the following conditions:
(a) To accept the conditionally released person.
(b) To provide the level of security that the court requires.
(c) To immediately report the unauthorized absence of the conditionally released person from the housing arrangement to which the person has been assigned.
4. The person will comply with the provider and all of the requirements that are imposed by the provider and the court.
5. The person will comply with the supervision requirements that are imposed by the department of health services or the county probation department if the person is serving a term of probation.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3712 - Detention and commitment requirements; definition

36-3712.
Detention and commitment requirements;  definition
A. A person who is committed or conditionally released to a less restrictive alternative pursuant to this article does not forfeit any legal right and shall not suffer any legal disability as a consequence of any actions taken or orders made except as specifically provided in this article.
B. A person who is committed or conditionally released to a less restrictive alternative pursuant to this article shall receive care,  supervision or treatment. The superintendent of the state hospital shall keep records detailing all medical,  expert and professional care and treatment that a committed person receives and shall keep copies of all reports of periodic examinations that are made pursuant to this article. These records and reports shall be made available on request only to any of the following:
1. The committed person.
2. The committed person's attorney.
3. The county attorney or the attorney general.
4. The court.
5. On proper showing,  an expert or professional person who demonstrates a need for access to the records or reports.
6. Any mental health professional directly responsible or associated with the mental health professional who is directly responsible for the care,  control,  assessment or treatment of the committed person.
C. At the time a person is detained or transferred into a licensed facility pursuant to this article,  the person in charge of the facility or the person's designee shall take reasonable precautions to inventory and safeguard the personal property of the detained or transferred person. The staff member who makes an inventory of the person's personal property shall give a signed copy of that inventory to the person. The facility shall allow a responsible relative to inspect the property,  subject to any limitations that the person specifically imposes. The facility shall not disclose the contents of the inventory to any other person without the consent of the person or a court order.
D. This article does not prohibit a person who is committed or conditionally released to a less restrictive alternative from exercising any right that is available for the purpose of obtaining release from confinement,  including the right to petition for a writ of habeas corpus. The committed person must exhaust all direct appeal and postcommitment procedures before exercising the committed person's right to petition for a writ of habeas corpus.
E. A person who is indigent may not be conditionally released to a less restrictive alternative or discharged without suitable clothing. When a person is conditionally released to a less restrictive alternative or discharged,  the superintendent of the state hospital shall furnish the person with an amount of money pursuant to section 31-228.
F. For the purposes of this section,  " responsible relative"  means the spouse,  parent,  adult child or adult sibling of the person and includes the guardian,  conservator or attorney of the person.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3713 - Revocation of conditional release to a less restrictive alternative; hearing

36-3713.
Revocation of conditional release to a less restrictive alternative;  hearing
A. If the petitioner or the court believes that the person who is conditionally released to a less restrictive alternative is not complying with the terms and conditions of release or is in need of additional care and treatment,  the designated service provider or the attorney for the state may petition the court for,  or the court on its own motion may schedule,  a hearing for the purpose of revoking or modifying the terms and conditions of the person's conditional release. The hearing shall be held within ten days after the petition is filed.
B. If the attorney for the state or the court reasonably believes that a person who is conditionally released to a less restrictive alternative is not complying with the terms and conditions of the person's conditional release,  is in need of additional care or treatment or if the circumstances of the release have changed so that the community is no longer safe,  the court,  the department of health services or the probation officer may order that the conditionally released person be detained and taken into custody until a hearing can be scheduled to determine if the person's conditional release should be revoked or modified. The court shall be notified before the close of the next judicial day of the person's detention. The attorney for the state and the conditionally released person may request an immediate mental examination of the person. If the conditionally released person is indigent,  the court,  on request,  shall assist the person in obtaining a competent professional to conduct the examination.
C. Within five days after receiving notice of the person's detention,  the court shall schedule a hearing. At the hearing,  the court shall determine if the state has proved by a preponderance of the evidence that the person who is conditionally released to a less restrictive alternative did not comply with the terms and conditions of release,  is in need of additional care or treatment or if the circumstances of the release have changed so that the community is no longer safe and if the person should continue on conditional release under the same or modified conditions or if the conditional release should be revoked and the person should be committed to total confinement,  subject to release only under the provisions of this chapter. The court may admit hearsay evidence if the court finds that the hearsay evidence is otherwise reliable.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3714 - Petition for discharge; procedures

36-3714.
Petition for discharge;  procedures
A. If the superintendent of the state hospital or the director of the department of health services determines that the person's mental disorder has so changed that the person is not likely to engage in acts of sexual violence if discharged,  the superintendent or director shall allow the person to petition the court for discharge. The person shall serve the petition on the court and the attorney for the state. The court shall hold a hearing on the petition for discharge within forty-five days after receiving the petition. The court may continue the hearing on the request of either party and a showing of good cause or on its own motion if the respondent will not be substantially prejudiced. The county attorney or the attorney general shall represent the state at the hearing and may request that the petitioner be examined by a competent professional who is selected by the county attorney or the attorney general. The attorney for the state has the burden of proving beyond a reasonable doubt that the petitioner's mental disorder has not changed and that the petitioner remains a danger to others and is likely to engage in acts of sexual violence if discharged.
B. This section does not prohibit the committed person from annually petitioning the court for discharge without the approval of the superintendent of the state hospital or the director of the department of health services. The director of the department of health services shall give annual written notice to the committed person of the person's right to petition the court for discharge without the approval of the superintendent or director. The notice shall contain a waiver of rights. The director shall submit the notice and waiver to the court with the annual examination report.
C. The committed person may be present at the discharge hearing. The county attorney or the attorney general may request that the person be examined by a competent professional who is selected by the attorney for the state. The committed person may retain and the court on the request of an indigent person may appoint a competent professional. The attorney for the state has the burden of proving beyond a reasonable doubt that the person's mental disorder has not changed and that the person remains a danger to others and is likely to engage in acts of sexual violence if discharged. If the state does not meet its burden of proof,  the person shall be discharged from treatment.
D. If a person is discharged the department of health services shall notify the department of public safety of the person's discharge so that the department of public safety can commence any notification process as provided in section 13-3825.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3715 - Expenditure limitation

36-3715.
Expenditure limitation
The total amount of state monies that may be spent in any fiscal year by the department of health services for all aspects of the sexually violent persons program shall not exceed the amount appropriated,  or authorized by section 35-173,  for that purpose. This section shall not be construed to impose a duty on an officer,  agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3716 - Expenditure limitation; political subdivision

36-3716.
Expenditure limitation;  political subdivision
A. The total amount of monies that may be spent in any fiscal year by a political subdivision pursuant to this article for all aspects of the sexually violent persons program shall not exceed the amount authorized by the budget established pursuant to section 11-201 or section 11-251,  paragraph 30,  for that purpose.
B. This section shall not be construed to impose a duty of a political subdivision or an officer,  agent or employee of a political subdivision to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of the monies of the political subdivision in excess of the expenditure authorized by the political subdivision for that specific purpose.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3717 - Place of proceedings; transportation; immunity

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.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3801 - Definitions

36-3801.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Breach"  has the same meaning prescribed in 45 Code of Federal Regulations,  part 164,  subpart D.
2. " De-identified health information"  has the same meaning as described in 45 Code of Federal Regulations section 164.514.
3. " Health care decision maker"  has the same meaning prescribed in section 12-2291.
4. " Health care provider"  has the same meaning prescribed in section 12-2291.
5. " Health information organization"  means an organization that oversees and governs the exchange of individually identifiable health information among organizations according to nationally recognized standards. Health information organization does not include:
(a) A health care provider or an electronic health record maintained by or on behalf of a health care provider.
(b) Entities that are subject to title 20 or that are health plans as defined in 45 Code of Federal Regulations section 160.103.
(c) The exchange of individually identifiable health information directly between health care providers without a separate organization governing that exchange.
6. " Individual" :
(a) Means the person who is the subject of the individually identifiable health information.
(b) Does not include an inmate as defined under the health insurance portability and accountability act privacy standards prescribed in 45 Code of Federal Regulations section 164.501.
7. " Individually identifiable health information"  has the same meaning prescribed in the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164,  subpart E).
8. " Medical records"  has the same meaning prescribed in section 12-2291.
9. " Opt out"  means an individual's written decision that the individual's individually identifiable health information cannot be shared through a health information organization.
10. " Participation"  or " participating" ,  with respect to a health information organization,  means providing or accessing individually identifiable health information in the manner provided in the health information organization's policies.
11. " Person"  has the same meaning prescribed in section 1-215.
12. " Written"  means in handwriting or through an electronic transaction that meets the requirements of title 44,  chapter 26.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3802 - Individual rights

36-3802.
Individual rights
A. An individual has the following rights:
1. Except as otherwise provided in state or federal law,  to opt out of having the individual's individually identifiable health information accessible through a health information organization pursuant to section 36-3803.
2. To request a copy of the individual's individually identifiable health information that is accessible through the health information organization in accordance with the health insurance portability and accountability act (45 Code of Federal Regulations section 164.524). The health information organization may provide this right directly or may require health care providers or other persons participating in the health information organization to provide this access to individuals. Charges for copies are governed by section 12-2295.
3. To request the amendment of incorrect individually identifiable health information accessible through the health information organization.
4. To request a list of the persons who have accessed the individual's individually identifiable health information through the health information organization for a period of at least three years before the individual's request. This list must be provided to the individual within thirty days after the individual's request.
5. To be notified,  pursuant to section 18-552 and 45 Code of Federal Regulations part 164,  subpart D,  of a breach at the health information organization that affects the individual's individually identifiable health information.
B. If an individual does not have the capacity to make health care decisions,  the individual's health care decision maker may exercise all individual rights in this chapter on behalf of the individual.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3803 - Individual right to opt out of health information organizations

36-3803.
Individual right to opt out of health information organizations
Except as otherwise provided in state or federal law,  an individual has the right to opt out of having the individual's individually identifiable health information accessible through a health information organization by providing notice as explained in the health information organization's notice of health information practices. If an individual provides a notice of opt out to a health care provider,  the health care provider must promptly provide that notice to the health information organization in the manner provided in the health information organization's policies. A decision to opt out of having individually identifiable health information accessible through the health information organization may be changed by an individual at any time by providing notice as explained in the health information organization's notice of health information practices. Individuals who previously elected to opt out of having a particular health care provider's data accessible through the health information organization will be treated by the health information organization as having elected to opt out under this section within ninety days after August 27,  2019.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3805 - Disclosure of individually identifiable health information; transfer; consent

36-3805.
Disclosure of individually identifiable health information;  transfer;  consent
A. Except as otherwise provided in state or federal law,  disclosure of an individual's individually identifiable health information through a health information organization is allowed only if:
1. The individual has not opted out of having the individual's individually identifiable health information accessible through the health information organization.
2. The purpose of the disclosure is explained in the health information organization's current notice of health information practices.
3. The disclosure complies with the health insurance portability and accountability act privacy standard (45 Code of Federal Regulations part 164,  subpart E).
B. A health information organization may not sell or otherwise make commercial use of an individual's individually identifiable health information without the written consent of the individual.
C. A health information organization may not transfer individually identifiable health information or de-identified health information that is accessible through the health information exchange to any person or entity for the purpose of research or using the information as part of a set of data for an application for grant or other research funding,  unless the health care provider obtains consent from the individual for the transfer. A health care provider must document that it has provided a notice of transfer to the individual and that the individual has received and read and understands the notice. Documentation must be in the form of a signature by the individual indicating the individual has received and read and understands the notice and that the individual gives consent to the transfer of information. For the purposes of this subsection,  " consent"  means that a health care provider participating in a health information organization has provided a notice to the individual that is in at least twelve-point type and that describes the purposes of the transfer.
D. This chapter does not:
1. Interfere with any other federal or state laws or regulations that provide more extensive protection of individually identifiable health information than provided in this chapter.
2. Limit,  change or otherwise affect a health information organization's right or duty to exchange information,  including individually identifiable health information and de-identified health information,  in accordance with applicable law and by means other than through the health information organization.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3806 - Required policies

36-3806.
Required policies
A health information organization must implement and enforce policies governing the privacy and security of individually identifiable health information and compliance with this chapter. These policies must:
1. Implement the individual rights prescribed in section 36-3802.
2. Address the individual's right to opt out of having the individual's individually identifiable health information accessible through the health information organization pursuant to section 36-3803.
3. Address the content and distribution of the notice of health information practices prescribed in section 36-3804.
4. Implement the restrictions on disclosure of individually identifiable health information through the health information organization as prescribed in section 36-3805.
5. Address security safeguards to protect individually identifiable health information as required by the health insurance portability and accountability act security rule (45 Code of Federal Regulations part 164,  subpart C).
6. Prescribe the appointment and responsibilities of a person or persons who have responsibility for maintaining privacy and security procedures for the health information organization.
7. Require training of each employee and agent of the health information organization about the health information organization's policies,  including the need to maintain the privacy and security of individually identifiable health information and the penalties for the unauthorized access,  release,  transfer,  use or disclosure of individually identifiable health information. The health information organization must initially provide this training before an employee or agent may have access to individually identifiable health information available through the health information organization,  and at a later time as reasonable and appropriate in accordance with the training implementation specifications required by the health insurance portability and accountability act privacy rule (45 Code of Federal Regulations section 164.530(b)).
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3808 - Civil litigation subpoenas; certification requirements

36-3808.
Civil litigation subpoenas;  certification requirements
A. Except as otherwise provided in state or federal law,  individually identifiable health information that is accessible through a health information organization is not subject to a civil litigation subpoena directed to the health information organization unless section 12-2294.01 is followed and a court has determined on motion and notice to the health information organization and the parties to the civil litigation in which the subpoena is served that the information sought from the health information organization is not available from the original source and either is relevant to the subject matter involved in the pending civil action or is reasonably calculated to lead to the discovery of admissible evidence in the pending action.
B. A person who issues a civil litigation subpoena to the health information organization pursuant to this section must certify before the issuance of the civil litigation subpoena that the requirements of subsection A of this section have been met.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3809 - Health care providers; duty to maintain medical records; civil immunity

36-3809.
Health care providers;  duty to maintain medical records;  civil immunity
A. A health care provider participating in a health information organization is responsible for maintaining the provider's own medical records pursuant to title 12,  chapter 13,  article 7.1.
B. Participation in a health information organization does not impact the content,  use or disclosure of medical records or information contained in medical records that are held in locations other than the health information organization.
C. This chapter does not limit,  change or otherwise affect a health care provider's right or duty to exchange medical records or information contained in medical records in accordance with applicable law.
D. A health information organization is not liable for damages in any civil action for any of the following:
1. Inaccurate or incomplete health information that is provided by third parties and that is accessible through the health information organization.
2. Another person's use or disclosure of health information through the health information organization.
3. The use or disclosure of health information that is made in good faith pursuant to this article or as otherwise provided by law. The health information organization is presumed to have acted in good faith. This presumption may be rebutted by clear and convincing evidence.
E. Subsection D of this section does not preclude liability for that portion of any damages resulting from intentional misconduct or gross negligence by a health information organization.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3901 - Definition

36-3901.
Definition
A. " Children's camp"  means any land with permanent buildings,  tents or other structures established or maintained as living quarters where both food and lodging or the facilities therefor are provided for minors,  operated continuously for a period of five days or more each year for religious,  recreational or vacation purposes,  and the use of the camp is offered either free of charge or for payment of a fee.
B. The term " children's camp"  shall not include any camps owned or leased for individual or family use,  penal or correctional camps,  or places operated solely for the education,  care or treatment of children.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3902 - Application for license; issuance; posting

36-3902.
Application for license;  issuance;  posting
A. The department of health services is authorized and directed to issue licenses for the operation of children's camps: No children's camp shall be operated without first obtaining such a license.
B. On or before May 1 annually,  every person operating or seeking to operate a children's camp shall make application in writing to the department of health services for a license to conduct a children's camp. The application shall be in such form and shall contain such information as the department of health services finds necessary to determine that the children's camp will be operated and maintained in accordance with the standards prescribed by this chapter.
C. Where a person operates or is seeking to operate more than one children's camp,  a separate application shall be made,  and license obtained,  for each camp.
D. The license shall be posted in a conspicuous place on the premises occupied by each camp.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3903 - License fee

36-3903.
License fee
A. The fee for a children's camp license issued by the department of health services shall be one hundred dollars for the first license and twenty-five dollars for each renewal of the license thereafter. All funds collected from this source shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
B. A county to which the department of health services has delegated powers and duties pursuant to section 36-3915 may charge and collect a license fee. A county shall not charge a fee in excess of the cost of providing the service for which the fee is charged. The county shall transmit fees collected pursuant to this subsection to the county treasurer.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3906 - Water supply

36-3906.
Water supply
A. Every children's camp shall be provided with a water supply of sufficient quantity to provide a minimum of five gallons per person per day to the camp site at a rate of two and one-half times the average hourly demand,  and be of a safe sanitary quality,  meeting the minimum standards of the department of environmental quality.
B. Cross flow or backflow connections with contaminated water supplies or other possible sources of contamination are prohibited.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3907 - Toilets and disposal systems

36-3907.
Toilets and disposal systems
Every camp shall be provided with privies or with suitable toilets and with disposal systems meeting minimum health requirements of the department of environmental quality. One toilet or one privy shall be provided for every fifteen persons or fraction thereof in the camp population. Privies shall be located at least one hundred twenty-five feet from any source of domestic water and shall at all times be maintained in good repair and in a clean and sanitary condition.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3910 - Inspection of camps; revocation of license

36-3910.
Inspection of camps;  revocation of license
A. The department of health services shall make an annual inspection of each children's camp and where upon inspection it is found that there is a failure to comply with any of the standards prescribed by this chapter,  the department shall give notice to the camp operator of such failure,  which notice shall set forth the law violated.
B. The camp operator shall have a reasonable time after receiving such notice in which to correct such failure and to comply with the standards prescribed by this chapter. In the event the camp operator fails to comply with the requirements of such notice within a reasonable time the department may suspend or revoke his license.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3911 - Exemption of contract employees from limitations on hours of labor

36-3911.
Exemption of contract employees from limitations on hours of labor
Any person employed by a children's camp on a written contract basis for a specified term longer than one week shall be exempt from the provisions of section 23-233,  relating to daily and weekly hours of labor,  except that no child under the age of sixteen years shall be employed for more than forty hours in any one week.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-4001 - Definitions

36-4001.
Definitions
In this article,  unless the context otherwise requires:
1. " Attorney for the state"  means the county attorney in the county where the committed defendant was found to be a committed defendant,  or the attorney general,  who represents this state at any proceedings held pursuant to this chapter.
2. " Biannually"  means twice per year.
3. " Committed defendant" :
(a) Means a person who has been determined to be incompetent and nonrestorable and dangerous pursuant to title 13,  chapter 41.
(b) Includes the committed defendant's attorney or the committed defendant's court-appointed guardian,  if any.
4. " Competent professional"  means a person who is:
(a) Familiar with this state's criminal and involuntary commitment statutes and standards that are available in this state for persons with a mental illness,  defect or disability.
(b) Approved by the superior court as meeting court approved guidelines.
5. " Dangerous"  means that,  as a result of a mental illness,  defect or disability,  a person's continued behavior can reasonably be expected,  on the basis of a mental health expert's opinion,  to result in serious physical harm or death to another person.
6. " Less restrictive alternative"  means court-ordered treatment in a setting that is less restrictive than total confinement.
7. " Medical director"  means the medical director of the secure behavioral health residential facility in which the committed defendant resides.
8. " Mental illness,  defect or disability"  means a psychiatric or neurological disorder that is evidenced by behavioral or emotional symptoms,  including a congenital mental condition,  a condition resulting from injury or disease or a developmental disability as defined in section 36-551.
9. " Secure state mental health facility"  means a secure behavioral health residential facility that is licensed pursuant to section 36-425.06.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-4002 - Biannual examination of committed persons; report; records access; attorney withdrawal

36-4002.
Biannual examination of committed persons;  report;  records access;  attorney withdrawal
A. The psychiatrist,  psychologist or other competent professional of the secure state mental health facility shall biannually examine each person who is committed pursuant to section 13-4521. The person who conducts the biannual examination shall submit the examination report to the court,  the state and the committed defendant. The biannual report shall state the treatment and education that the committed defendant has received,  a prognosis for the committed defendant's restoration to competency and whether the committed defendant remains dangerous.
B. If the psychiatrist,  psychologist or other competent professional submits a report indicating that the committed defendant is competent to stand trial or is no longer dangerous,  the court shall hold a hearing to determine whether the committed defendant is competent or is no longer dangerous.
C. If the psychiatrist,  psychologist or other competent professional submits a report that the committed defendant is no longer dangerous in whole or in part because of medication that the committed defendant is taking,  the report shall state whether the committed defendant will continue to take that medication if released to a less restrictive alternative and would comply with all other conditions of a less restrictive alternative.
D. The court shall hold the hearing within forty-five days after receiving the report. The court may continue the hearing on the request of either party and a showing of good cause or on its own motion if the committed defendant will not be substantially prejudiced. Either party may request that the committed defendant be examined by the party's own competent professional. The attorney for the state has the burden of proving by clear and convincing evidence that the committed defendant's mental illness,  defect or disability has not changed and that the committed defendant remains dangerous and that the committed defendant is incompetent to stand trial.
E. A retained or appointed competent professional shall have access to all records concerning the committed defendant. All competent professionals shall have equal access to the committed defendant as well as all records concerning the committed defendant.
F. This section does not preclude the committed defendant from petitioning the court for conditional release to a less restrictive alternative or discharge from treatment pursuant to section 36-4004,  subsection C.
G. If the committed defendant's attorney withdraws from representing the committed defendant at any time during the committed defendant's commitment,  the court shall notify the attorney for the state and the committed defendant and either allow the committed defendant sufficient time to employ another attorney or,  if the committed defendant is indigent,  appoint an attorney to represent the committed defendant in connection with proceedings under this article.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-4003 - Disposition

36-4003.
Disposition
After a hearing pursuant to section 36-4002 or 36-4004,  if the court finds that:
1. The committed defendant has been restored to competency,  the court shall order the criminal proceedings to resume.
2. The committed defendant has not been restored to competency and:
(a) The committed defendant is not dangerous,  the court shall release the committed defendant from treatment and proceed pursuant to section 13-4517,  paragraph 1,  2 or 3.
(b) The committed defendant is not dangerous in whole or in part because of the habilitation or treatment that the patient is receiving,  including taking medication,  the court may release the committed defendant to a less restrictive alternative pursuant to sections 36-4005 and 36-4006.
(c) The committed defendant is dangerous,  the committed defendant,  subject to section 13-4521,  subsection H,  shall remain committed for education,  care,  supervision and treatment to render the committed defendant competent or nondangerous.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-4004 - Petition for conditional release; procedures

36-4004.
Petition for conditional release;  procedures
A. If the medical director determines that the committed defendant's mental illness,  defect or disability has so changed that the committed defendant is no longer dangerous if conditionally released to a less restrictive alternative,  the medical director shall allow the committed defendant to petition the court for conditional release to a less restrictive alternative. The committed defendant shall serve the petition on the court and the attorney for the state. The court shall hold a hearing on the petition for conditional release to a less restrictive alternative within forty-five days after receiving the petition. The court may continue the hearing on the request of either party and a showing of good cause or on its own motion if the committed defendant will not be substantially prejudiced. Either party may request that the committed defendant be examined by the party's own competent professional.
B. The attorney for the state has the burden of proving by clear and convincing evidence that the committed defendant's mental illness,  defect or disability has not changed and that the committed defendant remains dangerous if conditionally released to a less restrictive alternative or conditionally released.
C. This section does not prohibit the committed defendant from annually petitioning the court for conditional release to a less restrictive alternative without the approval of medical director. The medical director shall provide an annual written notice to the committed defendant of the committed defendant's right to petition the court for conditional release to a less restrictive alternative without the approval of the medical director. The notice must contain a waiver of rights. The medical director shall submit the notice and waiver to the court with the annual examination report.
D. The committed defendant may be present at the hearing. Either party may request that the committed defendant be examined by the party's own competent professional. The attorney for the state has the burden of proving by clear and convincing evidence that the committed defendant's mental illness,  defect or disability has not changed and that the committed defendant remains dangerous if conditionally released to a less restrictive alternative. If the state does not meet its burden of proof,  the committed defendant shall be discharged from treatment.
E. At the conclusion of a hearing,  if the court finds that there is no legally sufficient evidentiary basis to conclude that the conditions prescribed in section 36-4006 have been met,  the court shall deny conditional release to a less restrictive alternative.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-4006 - Conditional release to a less restrictive alternative; findings

36-4006.
Conditional release to a less restrictive alternative;  findings
Before the court orders that a committed defendant be conditionally released to a less restrictive alternative,  the court shall find that all of the following apply:
1. The committed defendant will be treated by a competent professional.
2. The competent professional presents a specific course of treatment for the committed defendant,  agrees to assume responsibility for the committed defendant's treatment,  will report on the committed defendant's progress to the court on a regular basis and will report any violations as prescribed in paragraphs 4 and 5 of this section immediately to the court,  the attorney for the state and the medical director.
3. The committed defendant who is conditionally released to a less restrictive alternative has housing arrangements that are sufficiently secure to protect the community and the person or agency that is providing the housing to the conditionally released committed defendant agrees in writing to the following conditions:
(a) To accept the conditionally released committed defendant.
(b) To provide the level of security that the court requires.
(c) To immediately report the unauthorized absence of the conditionally released committed defendant from the housing arrangement to which the committed defendant has been assigned.
4. The committed defendant will comply with the competent professional and all of the requirements that are imposed by the competent professional and the court.
5. The committed defendant will comply with the supervision requirements that are imposed by the court or the medical director.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-4008 - Revocation of conditional release to a less restrictive alternative; hearing

36-4008.
Revocation of conditional release to a less restrictive alternative;  hearing
A. If the attorney for the state,  the medical director or the court believes that a committed defendant who is conditionally released to a less restrictive alternative is not complying with the terms and conditions of release or is in need of additional care and treatment,  the medical director or the attorney for the state may petition the court for,  or the court on its own motion may schedule,  a hearing for the purpose of revoking or modifying the terms and conditions of the committed defendant's conditional release. The hearing shall be held within ten days after the petition is filed.
B. If the attorney for the state or the court reasonably believes that a committed defendant who is conditionally released to a less restrictive alternative is not complying with the terms and conditions of the committed defendant's conditional release or is in need of additional care or treatment or that the circumstances of the release have changed so that the community is no longer safe,  the court may order that the conditionally released committed defendant be detained and taken into custody until a hearing can be scheduled to determine if the committed defendant's conditional release should be revoked or modified. The court and the committed defendant shall be notified before the close of the next judicial day of the committed defendant's detention. The attorney for the state and the committed defendant may request an immediate mental examination of the committed defendant. If the conditionally released committed defendant is indigent,  the court,  on request,  shall assist the committed defendant in obtaining a competent professional to conduct the examination.
C. Within five days after receiving notice of the committed defendant's detention,  the court shall schedule a hearing. At the hearing,  the court shall determine if the state has proved by a preponderance of the evidence that the committed defendant who is conditionally released to a less restrictive alternative did not comply with the terms and conditions of release or is in need of additional care or treatment,  if the circumstances of the release have changed so that the community is no longer safe,  if the committed defendant should continue on conditional release under the same or modified conditions or if the conditional release should be revoked and the committed defendant should be committed to total confinement,  subject to release only under the provisions of this article. The court may admit hearsay evidence if the court finds that the hearsay evidence is otherwise reliable.