A.R.S. tit. 36 ch. 37 — Arizona Revised Statutes Title 36 Chapter 37 — Sexually Violent Persons

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. 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. 36-3703. Competent professionals A. If a person is subject to an examination under this article, each party may select a competent professional to perform simultaneous evaluations of the person. The parties may stipulate to an evaluation by only one competent professional. B. If the person is indigent, the court shall assist the person in retaining a competent professional to conduct the examination or to participate in the trial on the person's behalf. C. Each competent professional shall be given reasonable access to the person in order to conduct the examination and shall share access to all relevant medical and psychological records, test data, test results and reports. D. A competent professional who is retained by a party or who is appointed by the court is not permitted to give testimony unless the competent professional exchanges information as required by this section and, at least ten days before trial, submits to the court and all of the parties a written report of the competent professional's evaluation of the person. E. At any proceeding under this chapter, a competent professional who is retained by a party or who is appointed by the court is not subject to a court order for the sequestration of witnesses. F. The court shall approve a reasonable amount to be paid by the county for the services of a competent professional appointed by the court. In approving the amount to be paid the court shall consider the time expended, services rendered, expenses incurred and compensation received in the same case or for the same services from any other source. 36-3704. Sexually violent person petition; filing; procedures A. Before a sexually violent person is released from confinement, the following persons may file a petition in superior court alleging that the person is a sexually violent person and stating sufficient facts to support that allegation: 1. The county attorney in the county in which a person was found incompetent to stand trial of, found guilty except insane of or convicted of a sexually violent offense. 2. The county attorney in the county in which the person will be released or the attorney general if the person was found incompetent to stand trial of, found guilty except insane of or convicted of a sexually violent offense in another jurisdiction outside the state. B. The Arizona rules of evidence and the Arizona rules of civil procedure apply to proceedings under this article. The court may admit evidence of past acts that would constitute a sexual offense pursuant to section 13-1420 and the Arizona rules of evidence. C. The person who is named in the petition is entitled to assistance of counsel at any proceeding that is conducted pursuant to this article. If the person is indigent, the court shall appoint counsel to assist the person. The county board of supervisors may fix a reasonable amount to be paid by the county for the services of an appointed attorney. D. The court's jurisdiction over a person who is civilly committed pursuant to this article continues until the person is discharged by the court. E. At any hearing concerning conditions of detention, commitment or treatment at a licensed facility under the supervision of the superintendent of the Arizona state hospital, a person who is detained or committed pursuant to this article shall show that the procedures or actions of the licensed facility have no reasonable basis in fact or law. 36-3705. Judicial determination of sexually violent person; transfer for evaluation A. On the filing of a petition pursuant to section 36-3704, the judge shall determine if probable cause exists to believe that the person named in the petition is a sexually violent person. B. If the judge determines that probable cause exists to believe that the person named in the petition is a sexually violent person, the judge shall order that the person be detained in a licensed facility under the supervision of the superintendent of the Arizona state hospital. C. On motion of the respondent filed within ten days after service of the petition, the court shall hold a probable cause hearing. D. Within seventy-two hours after a person is detained pursuant to subsection B of this section, the court shall provide the person with notice of and an opportunity to appear at a probable cause hearing to contest the probable cause finding made by the court pursuant to subsection A of this section. At the hearing, the court shall verify the person's identity and shall determine if probable cause exists to believe that the person is a sexually violent person. At the hearing, the state may rely on the petition that alleges that the person is a sexually violent person and that is filed pursuant to section 36-3704. The state may supplement the information in the petition with additional documentary evidence or live testimony. E. At the probable cause hearing, the person has the following rights: 1. To present evidence on the person's behalf. 2. To cross-examine witnesses who testify against the person. 3. To view and copy all documents and reports in the court file. F. After the hearing, if the court determines probable cause does not exist to believe that the person is a sexually violent person, the court shall dismiss the petition. G. If at the hearing the court reaffirms that probable cause exists to believe that the person is a sexually violent person, the judge shall order an evaluation as to whether the person is a sexually violent person. A person whom the court selects from a list of competent professionals shall conduct the evaluation. H. If the respondent has not requested a probable cause hearing within ten days after service of the petition, the court shall order an evaluation as to whether the respondent is a sexually violent person. A person whom the court selects from a list of competent professionals shall conduct the evaluation. I. The county shall pay the costs of an evaluation conducted pursuant to subsection G or H of this section. J. The referring agency shall make available to the department of health services all records concerning the person detained pursuant to this section. 36-3706. Trial Within one hundred twenty days after a petition is filed pursuant to section 36-3704, the court shall conduct a trial to determine if the person named in the petition is a sexually violent person. The county attorney, attorney general or person named in the petition may request a jury trial. If no request is made, the trial shall be before the court. The judge may continue the trial at the request of either party on a showing of good cause or on its own motion if the person will not be substantially prejudiced. 36-3707. Determining sexually violent person status; commitment procedures A. The court or jury shall determine beyond a reasonable doubt if the person named in the petition is a sexually violent person. If the state alleges that the sexually violent offense on which the petition for commitment is based was sexually motivated, the state shall prove beyond a reasonable doubt that the alleged sexually violent act was sexually motivated. B. If the court or jury determines that the person is a sexually violent person, the court shall either: 1. Commit the person to the custody of the department of health services for placement in a licensed facility under the supervision of the superintendent of the Arizona state hospital and shall receive care, supervision or treatment until the person's mental disorder has so changed that the person would not be a threat to public safety if the person was conditionally released to a less restrictive alternative or was unconditionally discharged. 2. Order that the person be released to a less restrictive alternative if the conditions under sections 36-3710 and 36-3711 are met. C. If the court or jury does not determine beyond a reasonable doubt that the person is a sexually violent person, the court shall order the person's release. D. If the person named in the petition was found incompetent to stand trial, the court first shall hear evidence and determine if the person committed the act or acts charged if the court did not enter a finding before the charges were dismissed. The court shall enter specific findings on whether the person committed the act or acts charged, the extent to which the person's incompetence to stand trial affected the outcome of the hearing, including its effect on the person's ability to consult with and assist counsel and to testify on the person's own behalf, the extent to which the evidence could be reconstructed without the assistance of the person and the strength of the prosecution's case. If the court finds beyond a reasonable doubt that the person committed the act or acts charged, the court shall enter a final order to that effect and may then consider whether the person should be committed pursuant to this section. 36-3708. Annual examination of committed persons; report A. The psychiatrist, psychologist or other competent professional of the state hospital or a licensed facility under the supervision of the superintendent of the Arizona state hospital shall annually examine each person who is committed pursuant to this article. The person who conducts the annual examination shall submit the examination report to the court. The annual report shall state if conditional release to a less restrictive alternative is in the best interest of the person and will adequately protect the community. B. The person may retain, or on the request of an indigent person the court may appoint, a competent professional to conduct the examination. A retained or appointed competent professional shall have access to all records concerning the person. If the person retains or is appointed a competent professional, the state has the right to have the committed person evaluated by a competent professional of the state's own choice. All competent professionals shall have equal access to the person as well as all records concerning the person. C. The court shall hold a hearing pursuant to section 36-3709 if any change of release conditions is recommended. 36-3709. Petition for change of status; 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 conditionally released to a less restrictive alternative, the superintendent or director shall allow the person to petition the court for conditional release to a less restrictive alternative. 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 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 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 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 conditionally released to a less restrictive alternative or unconditionally discharged. B. This section does not prohibit the committed person from annually petitioning the court for conditional release to a less restrictive alternative 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 conditional release to a less restrictive alternative 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 hearing. The county attorney or the attorney general may request that the person be examined by a competent professional selected by the attorney for the state. The committed person may retain and the court on 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 conditionally released to a less restrictive alternative. If the state does not meet its burden of proof, the person shall be discharged from treatment. D. If at the conclusion of a hearing the court finds that there is no legally sufficient evidentiary basis to conclude that the conditions prescribed in section 36-3711 have been met, the court shall grant the state's motion for a judgment on the issue of conditional release to a less restrictive alternative. 36-3710. Conditional release to a less restrictive alternative; conditions; reports; review A. If the court determines that conditional release to a less restrictive alternative is in the best interest of the person and will adequately protect the community and the court determines that the minimum conditions under section 36-3711 are met, the court shall enter judgment and order the person's conditional release to a less restrictive alternative. B. The court may impose any additional conditions on the person that the court determines are necessary to ensure the person's compliance with treatment and to protect the community. If the court finds that conditions do not exist that will both ensure the person's compliance with treatment and protect the community, the court shall remand the person to the custody of the superintendent of the state hospital for care, supervision or treatment in a licensed facility that is under the supervision of the superintendent. C. If the provider that is designated to provide inpatient or outpatient treatment or to monitor or supervise any other terms and conditions of a person's placement in a less restrictive alternative is not the state hospital, the provider shall agree in writing to provide the treatment. D. Before the court authorizes a person's conditional release to a less restrictive alternative, the court shall impose any conditions on the person that the court determines are necessary to ensure the safety of the community. The conditions shall include that prior to release to a less restrictive alternative, a person shall be required to submit to ninety days of inpatient evaluation at the Arizona state hospital. At the discretion of the superintendent of the state hospital, the duration of the evaluation period may be less than ninety days. The court shall order the superintendent of the state hospital 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 person and to any designated service provider. Other conditions may include any of the following: 1. Specification of a residence. 2. Prohibition on any contact with potential or past victims. 3. Prohibition on the use of alcohol and other drugs. 4. Supervision by the department of health services or the county probation department if the person is serving a term of probation. 5. A requirement that the person remain in this state unless the person receives prior authorization from the court. 6. Other conditions that the court or the superintendent of the state hospital determines are in the best interest of the person or others. E. Following a determination that a person's release to a less restrictive alternative is warranted and after considering the recommendation regarding the duration and amount of treatment by the superintendent of the state hospital, the court shall require as a condition of release to a less restrictive alternative, that the person participate in outpatient treatment. The outpatient supervision and treatment may include monitoring a person by use of a polygraph or plethysmograph or both. The treatment shall continue until the court orders a change in the person's treatment requirements or the person is discharged pursuant to section 36-3714. F. Each month or as otherwise directed by the court, each designated service provider shall submit a report that states if the person is complying with the terms and conditions of the conditional release to a less restrictive alternative to: 1. The court. 2. The facility from which the person was released. 3. The county attorney in the county where the person was found to be a sexually violent person or to the attorney general. G. The court shall review the case of each person who is conditionally released to a less restrictive alternative within one year after the person's release and thereafter on motion of either party or the superintendent of the state hospital or on the court's own motion until the person is discharged. At a case review, the court shall determine only if the person 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 F of this section and the opinions of the superintendent of the state hospital and any other competent professional. H. If a person is conditionally released to a less restrictive alternative, the department of health services shall notify the department of public safety of the person's release so that the department of public safety can commence any notification process as provided in section 13-3825. 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. 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. 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. 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. 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. 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. 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.