ARS 13-3998: Return to Secure Mental Health Facility
The complete text of A.R.S. § 13-3998 on return to secure mental health facility, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.
Recognized By
As Seen On
Recognized By
Full Text of A.R.S. § 13-3998
A.R.S. § 13-3998 is the Arizona statute on return to secure mental health facility. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.
A. A written order of the court or the chief medical officer or the chief medical officer’s designee is sufficient for a law enforcement officer to take a person into custody and to transport the person to a secure mental health facility. A copy of the return order must be immediately provided to the parties and the court. The sheriff or other peace officer shall execute the order and immediately notify the court of the person’s return to the secure mental health facility.
B. Within twenty-four hours after a return order is issued, the entity that ordered the return shall provide to the parties all information and evidence that was considered when ordering the person’s return.
C. Within seven days after returning the person to the secure mental health facility pursuant to section 13-3995, 13-3996 or 13-3997, the court shall hold a hearing to determine if the return was supported by sufficient cause. If the person’s return was:
1. Not supported by sufficient cause, the court shall order the person’s immediate release under the previously imposed conditional release terms. The court, with sufficient cause, may amend the person’s conditional release terms.
2. Supported by sufficient cause, the court may amend the conditional release terms and release the person if the court finds by clear and convincing evidence that the safety of the community and the person is protected by the original or the amended conditional release terms.
3. Supported by sufficient cause and the court determines that the person is in need of further evaluation or treatment, the court may suspend the terms of conditional release and set another hearing within ninety days. The inpatient treatment supervisor shall consult with the outpatient treatment supervisor and submit a mental health report to the court by a date set by the court. The mental health report must contain a recommendation to either terminate, amend or reinstate the person’s conditional release and include a proposed form of order.
Source: Arizona Revised Statutes § 13-3998, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Related Statutes in Chapter 38 — Miscellaneous
- A.R.S. § 13-4006 — Unlawful foreign law enforcement activity
- A.R.S. § 13-3981 — Compromise of misdemeanors and petty offenses
- A.R.S. § 13-3924 — Unlawful procurement of search warrant without probable cause
- A.R.S. § 13-3903 — Notice to appear and complaint
- A.R.S. § 13-3885 — Arrest of principal by surety
- A.R.S. § 13-3864 — Payment of account of agent
- A.R.S. § 13-4145 — Disobedience of command of writ
- A.R.S. § 13-4147 — Avoidance of command of writ
How § 13-3998 Affects an Arizona Case
§ 13-3998 usually matters because of how it interacts with the charge someone is actually facing. We read it alongside the charging statute, because a definition or a procedural rule frequently decides what the State must prove, what a judge may impose, or what relief is available afterward.
Call 623-321-4699 for a confidential consultation, 24/7.
Awards & Recognition
Our recognition for Phoenix criminal defense defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
- National Trial Lawyers Top 40 Under 40
- Elite Lawyer 2026 – Criminal Defense
- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
When you are looking for the best Phoenix criminal defense lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors, public defenders, and law enforcement.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Frequently Asked Questions
What is A.R.S. § 13-3998?
A.R.S. § 13-3998 is the Arizona statute on return to secure mental health facility. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.
Where can I read the official text of § 13-3998?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.