36-4006. Conditional release to a less restrictive alternative; findings

238 words·~1 min read·/az/title-36/36-4006

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.