36-3702. Notice of release; referral; immunity

A. If an agency that has jurisdiction over a person who is at least eighteen years of age determines that the person may be a sexually violent person, the agency shall submit a written request that a petition be filed to the county attorney in the county in which the person was convicted, was found incompetent or will be released or to the attorney general not more than one hundred eighty days and not less than thirty days before the person's anticipated release:

1. From confinement if the person was convicted at any time of a sexually violent offense.

2. If the person was found guilty except insane at any time of committing a sexually violent offense.

3. If the person was charged at any time with a sexually violent offense and was determined to be incompetent to stand trial.

B. If the person has been found incompetent to stand trial pursuant to title 13, chapter 41 and there is no substantial likelihood that the person will be restored to competency within twenty-one months after the date of the original finding of incompetency, the county attorney may request the court to order a screening of the person pursuant to section 13-4518 to determine if the person may be a sexually violent person.

C. If the state department of corrections or the Arizona state hospital has jurisdiction over a person who is at least eighteen years of age and who at any time was convicted of a sexually violent offense, was found guilty except insane of committing a sexually violent offense or was charged with a sexually violent offense and was determined to be incompetent to stand trial, the state department of corrections or the Arizona state hospital shall determine if the person may be a sexually violent person. If the agency determines that the person may be a sexually violent person, the agency shall submit a written request that a petition be filed either to the county attorney in the county in which the person was convicted, was found incompetent or will be released or to the attorney general. The agency must submit the written request not more than one hundred eighty days and not less than thirty days before the person's anticipated release. If the person has a pending sentence of imprisonment in another state or federal jurisdiction, in lieu of the written request the director of the state department of corrections may instead enter into a written agreement with the prosecuting authority by which the person was prosecuted, was found incompetent or will be released to have the person retrieved by the other state or federal jurisdiction.

D. The agency shall provide the county attorney or attorney general with the following to support the written request that a petition be filed:

1. Certified copies of the following court documents:

(a) The complaint, information, judgment of conviction and commitment order for the sexually violent offense that forms the basis for the petition and detention orders.

(b) The complaint, information, judgment of conviction and commitment order for any other conviction that the submitting agency possesses.

2. All records of evaluation and treatment, including any of the following:

(a) All psychological and psychiatric tests and assessment reports and supporting information.

(b) Group notes, autobiographical notes, progress notes, psychosocial reports or other materials that were prepared by or that relate to the person while the person was in custody or receiving treatment from the submitting agency or any other agency.

(c) Presentence investigation reports, whether prepared by the state department of corrections, by a private agency or at the direction of the superior court for sentencing on the sexually violent offense.

3. All records of the person's version of the offenses for which the person has been convicted, including the notes and records of all interviews and discussions with the person while the person was in the care of the submitting agency or any other agency.

4. A record of all convictions and acquittals regardless of whether those convictions were for sexually violent offenses.

5. Police reports that are in the possession of the referring agency and that relate to any sexually violent offense that was committed by the person.

6. Institutional records that relate to the person's behavior and conduct while in custody and that are in the possession of the referring agency.

7. Information indicating the dates of acceptance and rejection by the person of any recommended or court ordered psychotropic medication to control the person's mental disorder.

8. Information indicating the dates of acceptance and rejection by the person of any recommended or court ordered psychological or psychiatric counseling for treatment of the person's mental disorder.

9. A final release or discharge report, together with any information on which the report is based, that is prepared in anticipation of either the person's release from incarceration or commitment. The report shall include:

(a) A report of the person's condition that was completed within the preceding one hundred twenty days and that includes an opinion expressing to a reasonable degree of psychiatric, psychological or professional certainty that the person has a mental disorder and that, as a result of that mental disorder, the person is likely to engage in a sexually violent offense.

(b) A list of the names of all treatment providers who have treated or worked with the person.

(c) The curriculum vitae of each of the treating individuals that details each individual's education, training and experience.

(d) The facility in which the person is located at the time of the referral and in which the person will be residing pending the filing of a petition.

E. The agency and the agency's officers and employees providing mental health evaluations and reports are immune from liability for any good faith acts under this article.

F. The department of health services and the department of health services' officers and employees providing mental health evaluations and reports are immune from liability for any good faith acts under this article.

G. An agency's inability to comply with the time requirements under subsection A or C of this section does not preclude the county attorney or the attorney general from filing a petition alleging that a person is a sexually violent person.