They are only in it for the money
It seems part of the nut house racket is for the money
like everything else in government often boils down to.
they can lock up a person as crazy
and then if the person has money
force the person to pay for the treatment
which is being given to the person against
his or her will.
Yes it is a jobs program for highly paid
mental health workers.
36-545.01. Payment of costs and expenses;
B. If the patient is able to pay all or any portion of the charges, the court shall order the payment of the amount the patient can afford of the per capita cost for examination, treatment and maintenance as estimated by the deputy director. The court may, upon petition of an interested person, and at a hearing of which all concerned parties have received notice, increase or decrease the maintenance charge payable by the patient or the patient's estate.
The 10 day notice
They told Kevin they were going to let him go but had give the Secret Service
and the Homeland Security goons a 10 day notice before they could release him.
The Secrect Service used the notice to demand that Kevin NOT be released.
This law appears to be in
ARS 36-541.01 sections E thru F.
36-541.01. Release or discharge from treatment prior to expiration of period ordered by court; notification of intent to release or discharge; hearing
A. A patient ordered to undergo treatment pursuant to this article may be
released from treatment prior to the expiration of the period ordered by the court
if, in the opinion of the medical director of the mental health treatment agency, the patient no longer is, as a result of a mental disorder, a danger to others, a danger to self, persistently or acutely disabled or gravely disabled. No person ordered to undergo treatment as a danger to others may be released or discharged from treatment prior to the expiration of the period for treatment ordered by the court unless the medical director first gives notice of intention to do so as provided by this section.
B. Prior to the release or discharge of a patient ordered to undergo treatment as a danger to others, the medical director of the mental health treatment agency shall give notice of his intention to release or discharge the patient.
Notice shall be given to the presiding judge of the court which entered the order for treatment, any relative or victim of the patient who has filed a demand for notice with the treatment agency and any person found by the court to have a legitimate reason for receiving such notice.
C. If the director of the mental health treatment agency is unable to determine, based upon the information submitted pursuant to subsection D, that a person who has filed a demand for notice is a victim he shall inform that person that his demand for notice is denied and that notice will not be given unless ordered by the court pursuant to subsection E.
D. A demand for notice by a relative or victim, and a petition for notice by other persons, shall be on a form prescribed by the department and shall include the following information:
1. The full name of the person to receive notice.
2. The address to which notice is to be mailed.
3. The telephone number of the person to receive notice.
4. The relationship to the patient, if any, or the reasons why the person believes he has a legitimate reason to receive notice.
5. A statement that the person will advise the treatment agency in writing by certified mail, return receipt requested, of any change in the address to which notice is to be mailed.
6. The full name of the patient ordered to undergo treatment as a danger to others.
7. The mental health number assigned to the case by the superior court.
E. If the court receives a demand for notice by a relative or victim, the court shall order the medical director of the mental health treatment agency not to release or discharge the patient before the expiration of the period of court-ordered treatment without first giving notice to the relative or victim as provided in subsection F. After considering a petition for notice, if the court finds that the petitioner has a legitimate reason for receiving prior notice, the court may order the medical director of the mental health treatment agency not to release or discharge the patient from inpatient treatment before the expiration of the period of court-ordered treatment without first giving notice to the petitioner as provided in subsection F. Any order for notice shall be delivered to the mental health treatment agency and shall be filed with the patient's clinical record. If the patient is transferred to another agency or institution, any orders for notice shall be transferred with the patient.
F. A notice of intention to release or discharge shall include the following information:
1. The name of the patient to be released or discharged.
2. The type of release or discharge.
3. The date of anticipated release or discharge. Notices shall be placed in the mail, postage prepaid and addressed to the court and to each person for whom notice has been ordered, at least ten days before the date of intended release or discharge. For purposes of computing the ten-day notice requirement, the day of mailing shall not be counted.
G. Any person for whom prior notice is required pursuant to this section, or the court, may make a motion within the ten-day notification period which requires the court to determine whether the standard for release of the patient prior to the expiration of the period for court-ordered treatment has been met. A determination that the standard for release has been met may be made by the court based on a review of the record and any affidavits submitted without further hearing. For good cause, the court may order an evidentiary hearing. Whether or not a hearing is held, the court shall make a determination at the earliest possible time but no longer than three weeks after the anticipated date of release pursuant to subsection F, and the patient shall be retained for the additional time required for the court's determination. In making its determination the court may order an independent examination of the patient. If no motion is made, the patient may be released in accordance with the terms set forth in the notice without further court order.
H. If no motion has been made pursuant to subsection G, the patient may be released or discharged and the medical director of the mental health treatment agency shall send to the court a certificate that the patient is no longer a danger to others, a danger to self, persistently or acutely disabled or gravely disabled as the result of a mental disorder and therefore is released prior to the expiration of the period ordered for treatment. The court shall enter an order terminating the patient's court-ordered treatment.
We can demand that they release Kevin Walsh
we can demand that Kevin be released.
ARS 36-546. Judicial review; right to be informed; request; jurisdiction
A. In addition to the procedure for applying for a writ of habeas corpus, as provided in title 13, chapter 38, article 26, a patient receiving court-ordered treatment or any person acting on his behalf may request the patient's release pursuant to the following:
36-546.01. Expedited appeal to the court of appeals
1. A request in writing may be presented to any member of the treatment staff of the agency providing the patient's treatment. The request may be made on a prescribed form which shall be prepared by the facility and made available for use by any person. The completed form shall identify:
(a) The patient being treated and the agency at which he is being treated.
(b) The person to whom the request for release was made.
(c) The person making the request for release, indicating whether the person is the patient being treated or someone acting on his behalf.
2. The request, when signed and dated by the person making the request for release, shall be delivered to the medical director of the agency. Within three days of receipt of the request, the medical director shall deliver the form, along with a current psychiatric report of the patient's condition, to the clerk of the court. If the person presenting the request refuses to sign the form, the medical director of the agency shall proceed as if the form had been signed and shall note on the form the circumstances as to why the form was not signed.
B. The patient shall be informed of his right to judicial review by the medical director of the agency and his right to consult with counsel at least once each sixty days while he is undergoing court-ordered treatment. The notification required by this subsection shall be recorded in the clinical record of the patient by the individual who gave the notice.
C. With the exception of requests made pursuant to section 36-540, subsection E, paragraphs 4 and 5 and section 36-540.01, subsection J for judicial review, a request for judicial review may not be made sooner than sixty days after the issuance of the order for treatment or a hearing on a previous petition for habeas corpus or the issuance of the court order or other final resolution determining a previous request for judicial review by the patient.
D. Judicial review shall be in the superior court in the county in which the patient is being treated. That court may review the additional material presented and enter its order without necessity of further hearing.
E. The reviewing court may order a further hearing upon the affidavit of the attorney for the patient setting forth the need for further evidentiary hearing and the reasons why the hearing is necessary prior to the time set for the release of the patient.
F. The patient shall be informed of his right to consult an attorney by the person or court to whom he makes his request for release at the time he makes such request and, in the case of confinement in an agency, by the reviewing court within one day of its receipt of notice from the medical director of the agency wherein the patient is being treated. The patient shall be permitted to consult an attorney to assist him in preparation of a petition for the writ of habeas corpus and to represent him in the hearing. If he is not represented by an attorney, the reviewing court shall, within two days of its notice to the patient of his right to counsel, appoint an attorney to assist him in the preparation of a petition and to represent him in the hearing.
G. The medical director of the mental health treatment agency, at least twenty-four hours prior to the hearing, shall provide the patient's attorney with a copy of the patient's medical records.
H. The patient's attorney shall fulfill all of the following minimal duties:
1. Within twenty-four hours of appointment conduct an interview with the patient.
2. At least twenty-four hours prior to such hearing interview the patient's treatment physician if available.
3. Prior to the hearing examine the clinical record of the patient.
4. Prior to the hearing examine the patient's court records as to his involuntary treatment.
I. An attorney who does not fulfill the duties prescribed by subsection H of this section is subject to contempt of court.
An order for court ordered treatment may be reviewed by appeal to the court of appeals as prescribed in the Arizona rules of civil procedure or by special action. Such appeal or special action shall be entitled to preference.
title 13, chapter 38, article 26
is ARS 13 §§ 4121-4147
and deals with Habeas Corpus
Title 13 Chapter 38 Article 26 Habeas Corpus
13-4121 Prosecution of writ
A person unlawfully committed, detained, confined or restrained of his liberty, under any pretense whatever, may petition for and prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint.
13-4122 Application for writ
Application for the writ shall be made by verified petition, signed either by the party for whose relief it is intended or by some person in his behalf, and shall state that the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty, the place where, and the officer or person by whom he is so confined or restrained, naming all the parties, if they are known, or describing them if they are not known. If the imprisonment is alleged to be illegal, the petition shall also state the particulars of the alleged illegality.
13-4123 Granting of writ; remand of prisoner
A. The writ of habeas corpus may be granted:
13-4124 Granting writ; time; bail
1. By the supreme court or any judge thereof. When so issued it may be made returnable before the court or any judge thereof, or before any superior court or any judge thereof.
2. By the superior court or a judge thereof, in their respective counties.
B. If the writ is granted by a superior court or judge, and after hearing thereof the prisoner has been remanded, he shall not be discharged from custody by the same or any other superior court or judge, unless upon some ground not existing at the time of issuing the prior writ, or unless upon some point of law not raised at the hearing upon the return of the prior writ.
A. A court or judge authorized to grant a writ of habeas corpus, to whom a petition therefor is presented, if it appears that the writ ought to issue, shall grant it without delay.
13-4125 Direction of writ
B. If the person by or upon whose behalf the application for the writ is made is detained upon a criminal charge, the court or judge may admit him to bail if the offense is bailable, pending determination of the proceeding.
The writ shall be directed to the person having custody of or restraining the person on whose behalf the petition is made, and shall command him to have the body of such person before the court or judge before whom the writ is returnable, at a time and place therein specified.
13-4126 Delivery and service of writ
A. If the writ is directed to the sheriff or other officer of the court out of which the writ is issued, it shall be delivered by the clerk to such officer without delay, as other writs are delivered for service. If the writ is directed to any other officer or person, the writ shall be delivered to the sheriff, and shall be by him served upon such officer or person by delivering the writ to him without delay.
13-4127 Compelling obedience to writ
B. If the officer or person to whom the writ is directed cannot be found, or refuses admittance of the officer or person serving or delivering the writ, the writ may be served or delivered by leaving it at the residence of the officer or person to whom it is directed, or by affixing it on some conspicuous place on the outside either of his dwelling house or of the place where the party is confined or under restraint.
If the officer or person to whom the writ is directed refuses, after service thereof, to obey it, the court or judge shall, upon affidavit, issue an attachment against such person, directed to the sheriff, commanding him forthwith to apprehend the person, and bring him immediately before such court or judge. Upon being brought before the court or judge, such officer or person shall be committed to jail until he makes due return to the writ, or is otherwise legally discharged.
13-4128 Return to writ
A. The person upon whom the writ is served shall state in his return, plainly and unequivocally whether or not he has the party in his custody or under his power or restraint and if so, by what authority, and the cause of such imprisonment or restraint, setting forth such authority and cause in detail.
13-4129 Production of prisoner; exception
B. If the party is restrained by virtue of any writ, warrant or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited to the court or judge on the hearing of the return.
C. If the person upon whom the writ is served has had the party in his custody or under his power or restraint any time prior or subsequent to the date of the writ of habeas corpus, but has transferred the custody or restraint to another, the return shall state particularly at what time and place, for what reason and by what authority the transfer was made.
D. The return shall be signed by the person making it, and, except when such person is a public officer who has taken the oath of office and makes the return in his official capacity, it shall be verified by his oath or affirmation.
A. The person upon whom the writ is served shall bring the body of the party in his custody or under his restraint before the court or judge according to the command of the writ.
13-4130 Hearing on return
B. When from sickness or infirmity of the person directed to be produced, the person cannot without danger be brought before the court or judge, the person in whose custody or power he is may state that fact in his return to the writ. If the court or judge is satisfied of the truth of the allegations of sickness or infirmity, and the return to the writ is otherwise sufficient the court or judge may decide the matter on such return and dispose of the matter as if the party had been produced on the writ, or the hearing thereof may be adjourned until the party can be produced.
A. The court or judge to whom the writ is returned shall, immediately after the return thereof, hear and examine the return, and such other matters as may be properly submitted.
13-4131 Discharge of prisoner
B. The petitioner may controvert the return, or object to the sufficiency thereof, or allege any fact to show either that his imprisonment or detention is unlawful or that he is entitled to discharge. The court or judge shall thereupon hear the evidence, and in a summary manner dispose of the party as justice may require.
A. If no legal cause is shown for the imprisonment or restraint, or for continuation thereof, the party shall be discharged from custody or restraint.
13-4132 Discharge of prisoner held on process
B. If the time during which the party may be legally detained in custody has not expired and he is detained in custody by virtue of process issued by any court, judge or agency of the United States, in an action where such court, judge or agency has exclusive jurisdiction, or by virtue of the final judgment or decree of any court of competent jurisdiction, or of any process issued upon such judgment or decree, the person shall not be discharged.
If it appears, on the return of the writ, that the prisoner is in custody by virtue of process from any court of this state, or judge or officer thereof, the prisoner shall be discharged in any one of the following cases subject to the restrictions of section
13-4133 Effect of defect in form
1. When the jurisdiction of the court or officer has been exceeded.
2. When the imprisonment was at first lawful, but by some act, omission or event, which has taken place afterward, the party has become entitled to be discharged.
3. When the process is defective in some matter of substance required by law rendering the process void.
4. When the process, though proper in form, has been issued in a proceeding not authorized by law.
5. When the person having custody of the prisoner is not the person authorized by law to detain him.
6. Where the process is not authorized by a judgment, order or decree of any court, nor by any provision of law.
7. Where a party has been committed on a criminal charge without reasonable or probable cause.
If a person is committed or is in the custody of any officer on any charge by virtue of a warrant or commitment of a justice of the peace, such person shall not be discharged from imprisonment or custody on the ground of a mere defect of form in the warrant or commitment.
13-4134 Defective process or commitment; re-examination
If it appears to the court or judge that the party is guilty of a criminal offense, or should not be discharged, the court or judge, although the charge is defectively set forth in the process or warrant of commitment, shall cause the witnesses to be subpoenaed to attend at the time ordered to testify before such court or judge. Upon the examination, the court shall discharge the prisoner, admit him to bail, if the offense is bailable, or recommit him to custody.
13-4135 Writ to admit to bail
When a person is imprisoned or detained in custody on any criminal charge for want of bail, such person shall be entitled to a writ of habeas corpus for the purpose of giving bail, upon averring that fact in his petition and without alleging that he is illegally confined. The court or judge may take a recognizance from such person as in other cases and file the recognizance in the proper court without delay.
13-4136 Remand of prisoner
A. If a party brought before the court or judge on the return of the writ, is not entitled to discharge or to bail, the court or judge shall remand him to the custody or restraint from which he is taken, if the person under whose custody or restraint he was is legally entitled thereto.
13-4137 Custody pending judgment
B. Where the party is held under illegal restraint or custody, but any other person is entitled to the restraint or custody of such party, he may be committed to the restraint or custody of the person who is by law entitled thereto.
Until judgment is given on the return, the court or judge may commit the party to the custody of the sheriff of the county or place him in such care, or under such custody, as his age or circumstances may require.
13-4138 Disobedience of writ for defect of form
No writ of habeas corpus shall be disobeyed for defect of form, if it sufficiently appears therefrom who has custody of, or who restrains the party imprisoned or restrained, the officer or person detaining him, and the court or judge before whom he is to be brought.
13-4139 Finality of discharge; exceptions
A person who has been discharged by order of the court or judge upon habeas corpus shall not be again imprisoned, restrained or kept in custody for the same cause, except:
13-4140 Warrant for immediate production of person restrained or restraining; grounds
1. If he was discharged from custody on a criminal charge, and is afterwards committed for the same offense by legal order or process.
2. If, after discharge for defect of proof, or for any defect in process, warrant or commitment, the prisoner is again arrested on sufficient proof and committed by legal process for the same offense.
A. When it appears from a petition, supported by satisfactory proof or affidavit, presented to a court or judge authorized to grant a writ of habeas corpus, that a person is illegally held in custody, confinement or restraint, and that there is good reason to believe that such person will be taken from the jurisdiction of the court or judge to whom the petition is made, or that the person will suffer some irreparable injury before compliance with a writ of habeas corpus can be enforced, the court or judge may cause a warrant to be issued reciting the facts, and directed to the sheriff or any constable of the county, commanding such officer to take the person thus held in custody, confinement or restraint, and forthwith bring him before the court or judge to be dealt with according to law.
13-4141 Execution of warrant; return and hearing
B. The court or judge may also insert in the warrant a command for apprehension of the person charged with such illegal detention and restraint.
A. The officer to whom the warrant authorized by section 13-4140 is delivered shall execute the warrant by bringing the person therein named before the court or judge who ordered the issuance of such warrant.
13-4142 Issuance, service and return of writ or process; time; manner; duty of clerk
B. The person alleged to have such party under illegal confinement or restraint may make return to the warrant as in the case of a writ of habeas corpus, and the same proceedings shall be had thereupon as upon a return to such writ.
A. Any writ or process authorized by this article may be issued and served on any day or at any time.
13-4143 Charging fee in habeas corpus prohibited
B. The writs, processes, warrants and subpoenas shall be issued by the clerk of the court, and, except subpoenas, sealed with the seal of such court, and shall be served and returned forthwith unless the court or judge specifies a particular time for the return. When the writs or processes are made returnable before a judge, they shall be returned before him at the county seat and there heard and determined.
No fee or compensation of any kind shall be charged or received by any officer for duties performed or services rendered in habeas corpus proceedings.
13-4144 Form of writ
The writ of habeas corpus shall be substantially in the following form: "The state of Arizona - - To the sheriff of the county of ....... (or to 'A. B.'):
13-4145 Disobedience of command of writ; classification
We command you that you have the body of C.D., by you imprisoned and detained, as it is said, together with the time and cause of such imprisonment and detention, by whatsoever name the said C.D. shall be called or charged, before (naming the court or judge) at ......., on ........ (or immediately after the receipt of this writ), to do and receive what shall then and there be considered concerning the said C.D. And have you then and there this writ. Witness, etc."
An officer or person to whom a writ of habeas corpus is directed, who, after service thereof, neglects or refuses to obey the command thereof, or who, either solely or as a member of a court, knowingly and unlawfully recommits, imprisons or restrains of his liberty, for the same cause, any person who has been discharged upon a writ of habeas corpus, is guilty of a class 1 misdemeanor
13-4147 Avoidance of command of writ; classification
A person having in his custody, or under his restraint or power, any person for whom a writ of habeas corpus has been issued, who, with intent to elude the service of such writ, or to avoid the effect thereof, transfers such person to the custody of another, or places him under the power or control of another, or conceals or changes the place of his confinement or restraint or removes him without the jurisdiction of the court or judge issuing the writ, is guilty of a class 1 misdemeanor.