In Re the Appeal in Gila County of Mental Health Case No. MH 92-020

CORRECTED OPINION

LACAGNINA, Judge.

The State of Arizona appeals from the trial court’s order in a mental health proceeding waiving mandatory local treatment required by A.R.S. § 36-541(B). The state argues that only the superintendent of the Arizona State Hospital (ASH) has the discretion to waive mandatory local treatment. We agree and reverse the order of commitment entered in this case. In addition, we hold that the computation for the time in which the patient is to be committed begins with the execution of the order for commitment.

Although the commitment order in this case is now moot, we…