Senate Bill 1107

AN ACT

RELATING TO PUBLIC HEALTH; PROVIDING FOR EVALUATION AND TREATMENT OF PERSONS IMPAIRED BY ALCOHOLISM; ABOLISHING PUBLIC DRUNKENNESS AS A CRIME; DEFINING
VAGRANCY; AMENDING SECTIONS 13-379 AND 13-991, ARIZONA REVISED STATUTES; AMENDING TITLE 36, CHAPTER 18, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 2; REPEALING TITLE 36, CHAPTER 6, ARTICLE 12, ARIZONA REVISED STATUTES, AND MAKING AN APPROPRIATION.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-379, Arizona Revised Statutes, is amended to
read:

13-379.Drug incapacitation; toxic vapors; poisons; penalty

Any person in a public place under the influence of toxic vapors,
poisons, narcotics or other drug not therapeutically administered, where it
reasonably appears that he may endanger himself or other persons or
property, is guilty of a misdemeanor.

Sec. 2. Section 13-991, Arizona Revised Statutes, is amended to read:

13-991. Definition; punishment

The following are vagrants and shall be punished by imprisonment in the
county jail for not to exceed ninety days:
-+.- 1. A healthy beggar who solicits alms as a business.
T.' 2. A person who roams about from place to place without any
lawful business.
Sec. 3. Title 36, chapter 18, Arizona Revised Statutes, is amended by
adding article 2, sections 36-2021 through 36-2031, to read:
ARTICLE 2. EVALUATION AND TREATMENT OF
PERSONS IMP AIRED BY ALCOHOLISM
36-2021. Definitions
IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
1. "ALCOHOLIC" MEANS A PERSON WHO HABITUALLY LACKS
SELF-CONTROL WITH RESPECT TO THE USE OF ALCOHOLIC
BEVERAGES OR WHO USES ALCOHOLIC BEVERAGES TO THE
EXTENT THAT HIS HEALTH IS SUBSTANTIALLY IMPAIRED OR
ENDANGERED OR HIS SOCIAL OR ECONOMIC FUNCTIONS ARE
SUBSTANTIALLY DISRUPTED.
2. "APPROVED PRIVATE TREATMENT FACILITY" MEANS A
PRIVATE AGENCY MEETING THE STANDARDS ESTABLISHED BY
THE DEPARTMENT AND APPROVED PURSUANT TO SECTIONS
36-2023 AND 36-2029.
3. "APPROVED PUBLIC TREATMENT FACILITY" MEANS A
TREATMENT AGENCY OPERATING UNDER THE DIRECTIONS AND
CONTROL OF A COUNTY PROVIDING TREATMENT THROUGH A
CONTRACT WITH A COUNTY MEETING THE STANDARDS
ESTABLISHED BY THE DEPARTMENT AND APPROVED PURSUANT
TO SECTIONS 36-2023 AND 36-2029.
4. "ASSISTANT COMMISSIONER" MEANS THE ASSISTANT
COMMISSIONER FOR ADDICTIVE BEHAVIOR SERVICES.
5. "COURT" MEANS A COURT OF RECORD, A JUSTICE OF THE
PEACE COURT, A POLICE COURT OR A CITY COURT AUTHORIZED
BY CHARTER.
6. "DEPARTMENT" MEANS THE STATE DEPARTMENT OF
HEALTH.
7. "EVALUATION" MEANS MULTIDISCIPLINARY PROFESSIONAL
ANALYSIS OF A PERSON'S MEDICAL, PSYCHOLOGICAL, SOCIAL,
FINANCIAL AND LEGAL CONDITIONS. PERSONS PROVIDING
EVALUATION SERVICES SHALL BE PROPERLY QUALIFIED
PROFESSIONALS AND MAY BE FULL-TIME EMPLOYEES OF AN
APPROVED TREATMENT FACILITY PROVIDING EVALUATION
SERVICES OR MAY BE PART-TIME EMPLOYEES OR MAY BE
EMPLOYED ON A CONTRACTUAL BASIS.
8. "INCAPACITATED BY ALCOHOL" MEANS THAT A PERSON AS
A RESULT OF THE USE OF ALCOHOL IS UNCONSCIOUS OR HAS
HIS JUDGMENT OTHERWISE SO IMP AIRED THAT HE IS
INCAPABLE OF REALIZING AND MAKING A RATIONAL DECISION
WITH RESPECT TO HIS NEED FOR EVALUATION AND
TREATMENT.
9. "INTOXICATED PERSON" MEANS A PERSON WHOSE MENTAL
OR PHYSICAL FUNCTIONING IS SUBSTANTIALLY IMPAIRED AS A
RESULT OF THE USE OF ALCOHOL.
10. "LOCAL ALCOHOLISM RECEPTION CENTER" MEANS AN
INITIAL RECEPTION AGENCY FOR A PERSON WHO IS
INTOXICATED OR WHO IS INCAPACITATED BY ALCOHOL TO
RECEIVE INITIAL EVALUATION AND PROCESSING FOR
ASSIGNMENT FOR FURTHER EVALUATION OR INTO A
TREATMENT PROGRAM.
11. "TREATMENT" MEANS THE BROAD RANGE OF EMERGENCY,
OUTPATIENT, INTERMEDIATE AND INPATIENT SERVICES AND
CARE, INCLUDING DIAGNOSTIC EVALUATION, MEDICAL,
PSYCHIATRIC, PSYCHOLOGICAL AND SOCIAL SERVICE CARE,
VOCATIONAL REHABILITATION AND CAREER COUNSELING,
WHICH MAY BE EXTENDED TO ALCOHOLICS AND INTOXICATED
PERSONS.
36-2022. Establishment of facilities
A. THE DEPARTMENT SHALL DEVELOP, ENCOURAGE AND
FOSTER STATEWIDE, COUNTY AND LOCAL PLANS AND
PROGRAMS FOR THE PREVENTION OF ALCOHOLISM AND
TREATMENT OF ALCOHOLICS AND INTOXICATED PERSONS IN
COOPERATION WITH PUBLIC AND PRIVATE AGENCIES,
ORGANIZATIONS AND INDIVIDUALS AND PROVIDE TECHNICAL
ASSISTANCE AND CONSULTATION SERVICES FOR THESE
PURPOSES.
B. COUNTIES MAY ESTABLISH A PUBLIC TREATMENT FACILITY
OR FACILITIES FOR THE EVALUATION AND TREATMENT OF
ALCOHOLICS AND INTOXICATED PERSONS BY RESOLUTION OF
THE BOARD OF SUPERVISORS.
C. COUNTIES MAY CONTRACT WITH OTHER COUNTIES FOR THE
SERVICES OF A PUBLIC TREATMENT FACILITY OR MAY
CONTRACT WITH A PRIVATE TREATMENT FACILITY.
36-2023. Rules and regulations of the department
A. THE DEPARTMENT SHALL MAKE AND ENFORCE RULES AND
REGULATIONS WHICH ESTABLISH STANDARDS FOR APPROVED
PUBLIC AND PRIVATE TREATMENT FACILITIES WHICH MUST BE
MET FOR A TREATMENT FACILITY TO BE APPROVED. THE
DEPARTMENT PERIODICALLY SHALL INSPECT APPROVED
FACILITIES AT REASONABLE TIMES AND IN A REASONABLE
MANNER. EACH APPROVED PUBLIC AND PRIVATE TREATMENT
FACILITY SHALL FILE WITH THE DEPARTMENT ON REQUEST
DATA, STATISTICS, SCHEDULES OR INFORMATION THE
DEPARTMENT REASONABLY REQUIRES. AN APPROVED
FACILITY THAT WITHOUT GOOD CAUSE FAILS TO FURNISH ANY
DATA, STATISTICS, SCHEDULES OR INFORMATION AS
REQUESTED OR THAT FILES FRAUDULENT RETURNS THEREOF
SHALL BE REMOVED FROM THE LIST OF APPROVED TREATMENT
FACILITIES.
B. THE DEPARTMENT IN COMPLIANCE WITH SUBSECTION A
SHALL ADOPT AND MAY AMEND OR REPEAL RULES FOR THE
ACCEPTANCE OF PERSONS INTO A TREATMENT PROGRAM, IN
LIGHT OF THE AVAILABLE TREATMENT RESOURCES AND
FACILITIES, WITH A VIEW TO THE EARLY AND EFFECTIVE
PROVISION OF EVALUATION AND TREATMENT FOR
ALCOHOLICS AND INTOXICATED PERSONS. IN ESTABLISHING
THE RULES, THE DEPARTMENT SHALL BE GUIDED BY THE
FOLLOWING STANDARDS:
1. AN INTOXICATED PERSON OR PERSON INCAPACITATED BY
ALCOHOL, WHO VOLUNTARILY SEEKS TREATMENT OR WHO IS
TRANSPORTED TO AN APPROVED FACILITY BY A PEACE
OFFICER OR OTHER PERSON SHALL BE INITIALLY BROUGHT TO
AND EVALUATED AT A LOCAL ALCOHOLISM RECEPTION
CENTER.
2. A PERSON SHALL RECEIVE AN INITIAL EVALUATION.
3. A PATIENT SHALL BE INITIALLY ASSIGNED OR
TRANSFERRED TO OUTPATIENT TREATMENT OR INTERMEDIATE
TREATMENT, UNLESS HE IS FOUND TO REQUIRE INPATIENT
TREATMENT.
4. A PERSON SHALL NOT BE DENIED TREATMENT SOLELY
BECAUSE HE HAS WITHDRAWN FROM TREATMENT AGAINST
MEDICAL ADVICE ON A PRIOR OCCASION OR BECAUSE HE HAS
RELAPSED AFTER EARLIER TREATMENT.
5. AN INDIVIDUALIZED TREATMENT PLAN SHALL BE
PREPARED AND MAINTAINED ON A CURRENT BASIS FOR EACH
PATIENT.
6. PROVISION SHALL BE MADE FOR A CONTINUUM OF
COORDINATED TREATMENT SERVICES, SO THAT A PERSON WHO
LEAVES THE FACILITY OR ANOTHER FORM OF TREATMENT
WILL HAVE AVAILABLE AND UTILIZE OTHER APPROPRIATE
TREATMENT.
C. THE DEPARTMENT SHALL:
1. ENLIST THE ASSISTANCE OF ALL PUBLIC AND PRIVATE
AGENCIES, ORGANIZATIONS AND INDIVIDUALS ENGAGED IN
THE PREVENTION OF ALCOHOLISM AND TREATMENT OF
ALCOHOLICS AND INTOXICATED PERSONS AT APPROVED PUBLIC
AND PRIVATE FACILITIES.
2. COOPERATE WITH THE DEPARTMENT OF CORRECTIONS IN
ESTABLISHING AND CONDUCTING PROGRAMS TO PROVIDE
TREATMENT FOR ALCOHOLICS IN PENAL INSTITUTIONS AND
ALCOHOLICS ON PAROLE FROM PENAL INSTITUTIONS AT
APPROVED PUBLIC AND PRIVATE FACILITIES.
3. COOPERATE WITH THE DEPARTMENT OF EDUCATION,
SCHOOLS, POLICE DEPARTMENT, COURTS AND OTHER PUBLIC
AND PRIVATE AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN
ESTABLISHING PROGRAMS FOR THE PREVENTION OF
ALCOHOLISM AND TREATMENT OF ALCOHOLICS AND
INTOXICATED PERSONS AND IN PREPARING CURRICULUM
MATERIALS THEREON FOR USE AT ALL LEVELS OF SCHOOL
EDUCATION.
4. SPECIFY UNIFORM METHOD FOR KEEPING STATISTICAL
INFORMATION BY APPROVED PUBLIC AND PRIVATE TREATMENT
FACILITIES AND COLLECT AND MAKE AVAILABLE RELEVANT
STATISTICAL INFORMATION INCLUDING NUMBER OF PERSONS
TREATED, FREQUENCY OF ADMISSION, AND READMISSION AND
FREQUENCY AND DURATION OF TREATMENT.
5. COOPERATE WITH THE HIGHWAY COMMISSION IN
ESTABLISHING AND CONDUCTING PROGRAMS DESIGNED TO
DEAL WITH THE PROBLEM OF PERSONS OPERATING MOTOR
VEHICLES WHILE INTOXICATED.
36-2024. Treatment of alcoholics
A. AN ALCOHOLIC MAY APPLY FOR EVALUATION AND
TREATMENT DIRECTLY TO ANY APPROVED PUBLIC OR PRIVATE
TREATMENT FACILITY. IF THE APPLICANT IS A MINOR OR
INCOMPETENT PERSON, EITHER HE OR A PARENT, LEGAL
GUARDIAN OR OTHER LEGAL REPRESENTATIVE SHALL MAKE
THE APPLICATION FOR EVALUATION AND TREATMENT.
B. SUBJECT TO RULES ADOPTED BY THE DEPARTMENT, THE
ADMINISTRATOR IN CHARGE OF ANY APPROVED PUBLIC OR
PRIVATE TREATMENT FACILITY MAY DETERMINE WHO SHALL
BE ADMITTED FOR EVALUATION AND TREATMENT. IF A PERSON
IS REFUSED ADMISSION TO AN APPROVED PRIVATE TREATMENT
FACILITY BECAUSE OF FINANCIAL REASONS, THE
ADMINISTRATOR IN CHARGE, SUBJECT TO RULES ESTABLISHED
BY THE DEPARTMENT, SHALL REFER THE PERSON TO AN
APPROVED PUBLIC TREATMENT FACILITY FOR TREATMENT, IF
POSSIBLE AND APPROPRIATE.
C. IF A PATIENT RECEIVING INPATIENT CARE LEAVES AN
APPROVED TREATMENT FACILITY, HE SHALL BE ENCOURAGED
TO CONSENT TO APPROPRIATE OUTPATIENT TREATMENT OR
INTERMEDIATE TREATMENT.
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36-2025. Treatment and services for intoxicated persons and persons
incapacitated by alcohol
A. AN INTOXICATED PERSON MAY COME VOLUNTARILY TO AN
APPROVED LOCAL ALCOHOLISM RECEPTION CENTER FOR
EMERGENCY ALCOHOLISM TREATMENT.
B. A PERSON WHO VOLUNTARILY COMES OR IS BROUGHT TO A
LOCAL ALCOHOLISM RECEPTION CENTER AND IS IN NEED OF
IMMEDIATE MEDICAL TREATMENT SHALL BE REFERRED TO AN
APPROVED TREATMENT FACILITY AND SHALL BE EXAMINED BY
A LICENSED PHYSICIAN AS SOON AS POSSIBLE AND MAY BE
ADMITTED AS A PATIENT OR REFERRED TO ANOTHER
APPROVED TREATMENT FACILITY OR PROGRAM.
C. A PERSON WHO IS NOT ADMITTED TO AN APPROVED LOCAL
ALCOHOLISM RECEPTION CENTER AND WHO IS NOT REFERRED
TO AN APPROVED TREATMENT FACILITY OR PROGRAM AND
WHO HAS NO FUNDS MAY BE TAKEN TO HIS HOME BY
PERSONNEL AT THE LOCAL ALCOHOLISM RECEPTION CENTER.
IF HE HAS NO HOME, THE APPROVED LOCAL ALCOHOLISM
RECEPTION CENTER PERSONNEL SHALL ASSIST HIM IN
OBTAINING SHELTER.
D. IF THE PATIENT IS ADMITTED TO AN APPROVED LOCAL
ALCOHOLISM RECEPTION CENTER FOR INITIAL EVALUATION
AND PROCESSING, HIS FAMILY OR NEXT OF KIN SHALL BE
NOTIFIED AS PROMPTLY AS POSSIBLE. IF AN ADULT PATIENT
WHO IS NOT INCAPACITATED BY ALCOHOL REQUESTS THAT
THERE BE NO NOTIFICATION, HIS REQUEST SHALL BE
RESPECTED.
E. IF THE ADMINISTRATOR IN CHARGE OF THE APPROVED
LOCAL ALCOHOLISM RECEPTION CENTER DETERMINES THAT IT
IS FOR THE PATIENT'S BENEFIT, THE PATIENT SHALL BE
ENCOURAGED TO AGREE TO ASSIGNMENT FOR FURTHER
EVALUATION OR TO AGREE TO ASSIGNMENT INTO A
TREATMENT PROGRAM.
36-2026. Emergency admission
A. A PUBLICLY INTOXICATED PERSON:
1. WHO HAS THREATENED, ATTEMPTED TO INFLICT PHYSICAL
HARM, OR INFLICTED PHYSICAL HARM UPON HIMSELF OR
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ANOTHER, AND WHO IS LIKELY TO INFLICT PHYSICAL HARM ON
HIMSELF OR ANOTHER UNLESS ADMITTED, OR
2. WHO IS INCAPACITATED BY ALCOHOL,
MAY BE BROUGHT BY A PEACE OFFICER OR ANY OTHER PERSON
TO AN APPROVED LOCAL ALCOHOLISM RECEPTION CENTER FOR
EMERGENCY EVALUATION AND TREATMENT.
B. A PEACE OFFICER WHO HAS REASONABLE CAUSE TO
BELIEVE THAT A PERSON IS INTOXICATED IN A PUBLIC PLACE
AND SUCH PERSON IS OR MAY BE A DETRIMENT TO HIMSELF OR
OTHERS MAY TRANSPORT SUCH PERSON TO A LOCAL
ALCOHOLISM RECEPTION CENTER. NO UNNECESSARY OR
UNREASONABLE FORCE SHALL BE USED IN TRANSPORTING
SUCH PERSON AND THE PERSON SHALL NOT BE SUBJECTED TO
ANY GREATER RESTRAINT THAN IS NECESSARY TO TRANSPORT
SUCH PERSON TO THE LOCAL ALCOHOLISM RECEPTION CENTER.
C. AN INTOXICATED PERSON RECEIVED OR ACCEPTED BY A
LOCAL ALCOHOLISM RECEPTION CENTER SHALL NOT BE
SUBJECT TO UNNECESSARY OR UNREASONABLE FORCE. THE
LOCAL ALCOHOLISM RECEPTION CENTER SHALL USE SUCH
METHODS AND EXERCISE SUCH RESTRAINT OF THE
INTOXICATED PERSON AS IS REASONABLY NECESSARY FOR THE
SAFETY OF SUCH PERSON AND OTHERS AND CONSISTENT WITH
THE PROVISIONS OF SUBSECTION D OF THIS SECTION.
D. THE ADMINISTRATOR IN CHARGE OF AN APPROVED LOCAL
ALCOHOLISM RECEPTION CENTER SHALL DISCHARGE ANY
PERSON ADMITTED PURSUANT TO THIS SECTION NOT MORE
THAN TWENTY-FOUR HOURS AFTER THE PERSON REQUESTS TO
BE DISCHARGED OR AFTER THE ADMINISTRATOR ON ADVICE
OF THE MEDICAL STAFF DETERMINES THAT THE GROUNDS FOR
ADMISSION NO LONGER EXIST.
36-2027. Evaluation and treatment of persons charged with a crime
A. A COURT MAY ORDER AN EVALUATION AND TREATMENT
AT AN APPROVED TREATMENT FACILITY OF A PERSON WHO IS
BROUGHT BEFORE THE COURT AND CHARGED WITH A CRIME IF:
1. IT APPEARS THAT SUCH PERSON IS AN ALCOHOLIC, AND
2. SUCH PERSON, AFTER BEING ADVISED OF HIS PRIVILEGE TO
UNDERGO EVALUATION AND TREATMENT, CHOOSES THE
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EVALUATION AND TREATMENT PROCEDURES.
THE COURT SHALL IN NO EVENT ORDER THE PERSON TO
UNDERGO TREATMENT AND EVALUATION FOR IN EXCESS OF
THIRTY DAYS.
B. THE COURT SHALL FULLY APPRISE THE PERSON CHARGED
WITH THE CRIME OF THE OPTIONS AVAILABLE AND THE
CONSEQUENCES WHICH MAY OCCUR.
C. THE PERSON CHARGED WITH THE CRIME HAS THE RIGHT TO
LEGAL COUNSEL AT PROCEEDINGS HELD PURSUANT TO THIS
SECTION.
D. IF THE COURT ISSUES AN ORDER FOR EVALUATION AND
TREATMENT AS PROVIDED IN THIS SECTION, PROCEEDINGS ON
THE CRIMINAL CHARGE OR CHARGES THEN PENDING IN THE
COURT FROM WHICH THE ORDER FOR EVALUATION AND
TREATMENT ISSUED SHALL BE SUSPENDED UNTIL SUCH TIME AS
THE EVALUATION AND TREATMENT OF THE DEFENDANT AND
THE SUBSEQUENT DETENTION OF THE DEFENDANT, IF ANY,
ARE COMPLETED. UPON COMPLETION OF THE EVALUATION AND
TREATMENT, AND DETENTION, IF ANY, THE DEFENDANT SHALL
BE RETURNED TO THE COURT WHERE THE ORDER FOR
EVALUATION AND TREATMENT WAS MADE AND PROCEEDINGS
ON THE CRIMINAL CHARGE OR CHARGES SHALL BE RESUMED
OR DISMISSED. NO CHARGE OR CHARGES SHALL BE DISMISSED
BASED ON DEFENDANT'S F AlLURE TO RECEIVE A SPEEDY
TRIAL.
E. THE COST OF EVALUATION AND TREATMENT OF AN
INDIGENT PATIENT TREATED PURSUANT TO COURT ORDER
SHALL BE A CHARGE TO THE COUNTY, CITY, TOWN OR CHARTER
CITY WHOSE COURT ISSUED THE ORDER FOR EVALUATION.
36-2028. Payment for treatment; financial ability of patient or guardian
A. A PATIENT BEING TREATED BY AN APPROVED TREATMENT
FACILITY OR THE ESTATE OF THE PATIENT, OR A PERSON
OBLIGATED TO PROVIDE THE COST OF THE EVALUATION AND
TREATMENT AND HAVING SUFFICIENT FINANCIAL ABILITY IS
LIABLE TO THE APPROVED TREATMENT FACILITY FOR THE
COST OF EVALUATION AND TREATMENT OF THE PATIENT IN ACCORDANCE WlTH THE RATES ESTABLISHED BY THE
DEPARTMENT.
B. THE DEPARTMENT SHALL ADOPT RULES GOVERNING
FINANCIAL ABILITY THAT TAKE INTO CONSIDERATION THE
INCOME, SAVINGS AND OTHER PERSONAL AND REAL PROPERTY
OF THE PERSON REQUIRED TO PAY AS WELL AS ANY SUPPORT
BEING FURNISHED BY HIM TO ANY PERSON WHOM HE MAY BE
REQUIRED BY LAW TO SUPPORT.
C. EACH APPROVED TREATMENT FACILITY SHALL FURNISH
THE DEPARTMENT WlTH SUCH INFORMATION AS IT REQUIRES
TO ENABLE IT TO ESTABLISH AND MAINTAIN A COST
REPORTING SYSTEM OF THE COST OF THE EVALUATION AND
TREATMENT. EACH APPROVED TREATMENT FACILITY SHALL
INSURE THAT RECORDS ARE MAINTAINED CONTAINING SUCH
INFORMATION AND IN SUCH FORM AS THE DEPARTMENT SHALL
REQUIRE FOR THE PURPOSES OF THIS SECTION.
D. THE DEPARTMENT SHALL PREPARE AND ADOPT PATIENT
FEE SCHEDULES TO BE USED BY APPROVED TREATMENT
FACILITIES FOR SERVICES RENDERED TO EACH PATIENT
AFFLICTED WlTH ALCOHOLISM. IN PREPARING SUCH PATIENT
FEE SCHEDULES, THE DEPARTMENT SHALL TAKE INTO
ACCOUNT THE EXISTING CHARGES FOR AVAILABLE SERVICES.
THE DEPARTMENT IS NOT PROHIBITED FROM INCLUDING THE
AMOUNT OF EXPENDITURES FOR CAPITAL OUTLAY IN ITS
DETERMINATION OF THE FEE SCHEDULES.
36-2029. Funding of facilities; contracts; alcoholic facilities fund;
limitations
A. THE DEPARTMENT MAY USE STATE AND FEDERAL MONIES
APPROPRIATED OR OTHERWiSE AVAILABLE FOR THE
EVALUATION AND TREATMENT OF ALCOHOLICS, TO ASSIST IN
THE ESTABLISHMENT AND MAINTENANCE OF APPROVED PUBLIC
OR PRIVATE TREATMENT FACILITIES. SUCH FUNDS MAY BE
EXPENDED FOR PROFESSIONAL FEES FOR SERVICES AT AN
APPROVED TREATMENT FACILITY OR IN CONTRACT FOR
ADVANCEMENT OR REIMBURSEMENT OF SERVICES PROVIDED
AT AN APPROVED TREATMENT FACILITY OR ANY OTHER
APPROPRIATE MANNER AND MAY BE USED FOR ANY PURPOSE
NECESSARY TO PROVIDE EVALUATION AND TREATMENT AT
APPROVED TREATMENT FACILITIES. THESE FUNDS MAY NOT BE
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USED FOR DEPARTMENT SALARIES OR ANY OTHER PURPOSE
WITHIN THE DEPARTMENT BUT MAY BE USED FOR
CONSULTATION TO THE DEPARTMENT IN THE INTEREST OF
APPROVED TREATMENT FACILITIES.
B. A PUBLIC OR PRIVATE TREATMENT FACILITY PROVIDING
OR INTENDING TO PROVIDE EVALUATION AND TREATMENT
AND DESIRING TO CONTRACT WITH THE DEPARTMENT FOR THE
FURNISIDNG OF SUCH SERVICES SHALL SUBMIT A PROGRAM,
PLAN AND BUDGET TO THE DEPARTMENT ON THE FORMS AND
IN THE MANNER REQUIRED BY THE DEPARTMENT. IF SUCH
FACILITY IS APPROVED, THE DEPARTMENT MAY CONTRACT
WITH THE FACILITY FOR SERVICES AS REQUIRED AND UPON
SUCH TERMS AND CONDITIONS AS THE DEPARTMENT SHALL
REQUIRE.
C. EACH APPROVED TREATMENT FACILITY SHALL PROVIDE
THE DEPARTMENT WITH A RECORD OF ALL FEDERAL, STATE,
COUNTY, CITY AND PRIVATE FUNDS RECEIVED FOR THE
PREVIOUS YEAR AND AN ESTIMATE OF FUNDS TO BE RECEIVED
BY THE FACILITY FOR THE FOLLOWING YEAR.
D. AN APPROVED PRIVATE OR PUBLIC TREATMENT FACILITY
PROVIDING EVALUATION AND TREATMENT MAY RECEIVE
STATE FUNDING UPON COMPLYING WITH THE RULES AND
REGULATIONS ESTABLISHED BY THE DEPARTMENT. ANY SUCH
FACILITY IS NOT ELIGIBLE FOR STATE FUNDING UNTIL
APPROVED BY THE ASSISTANT COMMISSIONER.
E. THERE IS ESTABLISHED AN ALCOHOLIC FACILITIES FUND.
THE ALCOHOLIC FACILITIES FUND SHALL CONSIST OF THE
APPROPRIATIONS AND OTHER MONIES FOR THE USE OF THE
DEPARTMENT AS PROVIDED BY LAW. THE STATE TREASURER
SHALL RECEIVE AND DISBURSE THE MONIES IN THE FUND UPON
CLAIMS SIGNED BY THE ASSISTANT COMMISSIONER OR OTHER
PERSONS IN THE DEPARTMENT DESIGNATED BY THE ASSISTANT
COMMISSIONER. THE STATE TREASURER SHALL MAINTAIN IN
SEPARATE ACCOUNTS MONIES FOR THE DEPARTMENT WHICH
ARE RECEIVED BY GIFT, GRANT, BEQUEST OR DEVISE AND
SUCH MONIES SHALL BE DISTRIBUTED FOR THE PURPOSES OF
AND IN CONFORMITY WITH THE TERMS OF THE GRANT, GIFT,
BEQUEST OR DEVISE. ANY UNEXPENDED BALANCE OF SUCH
MONEY SHALL NOT REVERT TO THE GENERAL FUND AT THE
END OF THE FISCAL YEAR. MONIES RECEIVED FROM THE
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FEDERAL GOVERNMENT OR AN AGENCY THEREOF SHALL BE
KEPT IN A SEPARATE ACCOUNT IN THE ALCOHOLIC FACILITIES
FUND. ANY UNEXPENDED AND UNENCUMBERED BALANCE OF
FEDERAL FUNDS REMAINING IN THE ALCOHOLIC FACILITIES
FUND AT THE END OF THE FISCAL YEAR SHALL NOT REVERT TO
THE GENERAL FUND.
F. THE PROVISIONS OF THIS ARTICLE SHALL NOT BE
CONSTRUED TO PLACE UPON THE DEPARTMENT OR THE STATE
ANY LIABILITY FOR THE WELL-BEING AND CARE OF
ALCOHOLICS OR PERSONS INCAPACITATED BY ALCOHOL IN A
PUBLIC OR PRIVATE TREATMENT FACILITY OR THE
RESPONSIBILITY FOR FUNDING SUCH PROGRAMS BEYOND THE
LIMITS OF LEGISLATIVE APPROPRIATION THEREFOR.
36-2030. Immunity from criminal or civil liability
A PEACE OFFICER, ADMINISTRATOR IN CHARGE OF AN
APPROVED TREATMENT FACILITY, OR ANY PERSON WHO IN
GOOD FAITH ACTS IN COMPLIANCE WITH THIS ARTICLE SHALL
NOT BE CRIMINALLY OR CIVILLY LIABLE.
36-2031. Criminal laws limitations
A. NO COUNTY, MUNICIPALITY OR OTHER POLITICAL
SUBDIVISION MAY ADOPT OR ENFORCE ANY LOCAL LAW,
ORDINANCE, RESOLUTION OR RULE HAVING THE FORCE OF
LAW THAT INCLUDES BEING A COMMON DRUNKARD OR BEING
FOUND IN AN INTOXICATED CONDITION AS ONE OF THE
ELEMENTS OF THE OFFENSE GIVING RISE TO CRIMINAL OR
CIVIL PENALTY OR SANCTIONS, BUT NOTHING IN THIS ACT
SHALL AFFECT ANY LAWS, ORDINANCES, RESOLUTIONS OR
RULES AGAINST DRUNKEN DRIVING, DRIVING UNDER THE
INFLUENCE OF ALCOHOL OR OTHER SIMILAR OFFENSES
INVOLVING THE OPERATION OF VEHICLES, AIRCRAFT, BOATS,
MACHINERY OR OTHER EQUIPMENT, OR REGARDING THE SALE,
PURCHASE, DISPENSING, POSSESSING OR USING OF ALCOHOLIC
BEVERAGES AT STATED TIMES AND PLACES OR BY PARTICULAR
CLASSES OF PERSONS.
B. NO COUNTY, MUNICIPALITY OR OTHER POLITICAL
SUBDMSION MAY INTERPRET OR APPLY ANY LAW OF GENERAL
APPLICATION TO CIRCUMVENT THE PROVISION OF SUBSECTION
A.
Sec. 4. Repeal
Title 36, chapter 6, article 12, Arizona Revised Statutes, is repealed:
Sec. 5. Appropriation; purposes
The sum of six hundred thousand dollars is appropriated to the state
department of health for the purposes provided in this act. Of such sum,
the sum of one hundred thousand dollars is appropriated for use by the
state department of health on behalf of counties and incorporated cities
and towns to provide matching funds for programs and projects for law
enforcement, pursuant to this act, as required by sections 301, 303 and
306 of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended by the Omnibus Crime Control Act of 1970.
Sec. 6. Effective date
The provisions of sections 1, 2, and section 36-2031, Arizona Revised
Statutes, are effective on January 1, 1974.
Approved by the Governor- May 22, 1972
Filed in the Office of the Secretary of State -May 22, 1972