SB 1310 — incompetent defendants; public safety guardianship
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 24, 2022. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Mixed recorded votes
3 passed, 2 failed in recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
634 added · 726 removedPlain-language change summary
The updated bill SB 1310 clarifies the definition of "dangerous" by emphasizing that a person's continued behavior must be likely to lead to serious harm or death, based on a mental health expert's opinion. Additionally, it changes the description of a "secure state mental health facility" to specify that these must be licensed behavioral health residential facilities. This matters because it strengthens the criteria for determining dangerousness and ensures that mental health facilities are appropriately regulated, which can lead to better handling of individuals in need of treatment while protecting public safety.
SenateHouse Engrossed Senate Bill incompetent defendants;
commitment) State of Arizona Senate Fifty-fifth Legislature Second Regular Session CHAPTER 352 SENATE BILL 1310 AN ACT AMENDING SECTIONS 13-712, 13-4501, 13-4508, 13-4509, 13-4515 AND 13-4517, ARIZONA REVISED STATUTES;
AMENDING SECTION 36-425.06, ARIZONA REVISED STATUTES;
A PERSON WHO IS FOUND COMPETENT TO STAND TRIAL AFTER AN INVOLUNTARY COMMITMENT PURSUANT TO SECTION 13-451913-4521 SHALL RECEIVE CREDIT FOR ALL TIME THAT THE PERSON SPENT UNDER THE JURISDICTION OF THE SECURE STATE MENTAL HEALTH FACILITY AGAINST A TERM OF IMPRISONMENT FOR ANY OF THE CHARGES THAT WERE THE BASIS FOR THE INVOLUNTARY COMMITMENT.
"DANGEROUS" MEANS LIKELY,THAT, AS A RESULT OF A MENTAL ILLNESS, DEFECT OR DISABILITY, TOA COMMITPERSON'S ORCONTINUED ATTEMPTBEHAVIOR TOCAN COMMITREASONABLY HOMICIDEBE OREXPECTED, AON SEXUALLYTHE VIOLENTBASIS OFFENSEOF ASA DEFINEDMENTAL INHEALTH SECTIONEXPERT'S 36-3701OPINION, OR TO CAUSERESULT ORIN ATTEMPT TO CAUSE SERIOUS PHYSICAL INJURYHARM OR DEATH TO ANOTHER PERSON.
"SECURE STATE MENTAL HEALTH FACILITY" MEANS A LICENSEDSECURE FACILITYBEHAVIORAL UNDERHEALTH THERESIDENTIAL SUPERVISIONFACILITY OFTHAT THEIS SUPERINTENDENTLICENSED OFPURSUANT THETO ARIZONASECTION STATE36-425.06. HOSPITAL.
Any statement made by the defendant during an examination or any evidence resulting from that statement concerning any other event or transaction is not admissible at any proceeding to determine the defendant's guilt or innocence of any other criminal charges that are based on those events or transactions, except that a statement or evidence may be used by any party in a hearing PROCEEDING to determine whether the defendant is eligible for court-ordered treatment pursuant to title 36, chapter 5 OR 40 or is a sexually violent person.
For use by the court or defendant, or by the prosecutor if otherwise permitted ALLOWED by law, for further competency or sanity evaluations, or in a hearing to determine whether the defendant is eligible for court-ordered treatment pursuant to title 36, chapter 5 or is a sexually violent person OR IN A TRIAL TO DETERMINE WHETHER THE DEFENDANT IS DANGEROUS AND ELIGIBLE FOR COMMITMENT PURSUANT TO SECTION 13-4519.13-4521.
A description of the nature, content, extent and results of the examination and any test conductedconducted. AND OF ANY INSTRUMENT OR TOOL USED TO ASSESS WHETHER THE DEFENDANT IS LIKELY TO BE DANGEROUS.
IF REQUESTED BY THE STATE, WHETHER THE DEFENDANT SHOULD BE CONSIDERED DANGEROUS AND THE NATURE OF THE MENTAL ILLNESS, DISEASE OR DEFECT THAT MAKES THE DEFENDANT LIKELY TO BE DANGEROUS.
IFWHETHER THE PROGNOSISDEFENDANT INCLUDESHAS A DETERMINATIONHISTORY THAT THERE IS NO SUBSTANTIAL PROBABILITY THAT THE DEFENDANT WILL REGAIN COMPETENCY WITHIN TWENTY-ONE MONTHS AFTER THE DATE OF THEANY ORIGINALDANGEROUS FINDINGCONDUCT. OF INCOMPETENCY, WHETHER THE DEFENDANT SHOULD BE CONSIDERED DANGEROUS.
D.
A MENTAL HEALTH EXPERT WHO IS APPOINTED PURSUANT TO SECTION 13-4521 SHALL SUBMIT A WRITTEN REPORT OF THE EXAMINATION TO THE COURT WITHIN TEN WORKING DAYS AFTER THE EXAMINATION IS COMPLETED.
THE REPORT SHALL INCLUDE AT LEAST THE FOLLOWING INFORMATION:
1.
THE NAME OF EACH MENTAL HEALTH EXPERT WHO EXAMINED THE DEFENDANT.
2.
A DESCRIPTION OF THE NATURE, CONTENT, EXTENT AND RESULTS OF THE EXAMINATION AND ANY TEST CONDUCTED.
3.
THE FACTS ON WHICH THE FINDINGS ARE BASED.
4.
AN OPINION AS TO WHETHER THE DEFENDANT SHOULD BE CONSIDERED DANGEROUS, INCLUDING THE NATURE OF THE MENTAL ILLNESS, DISEASE OR DEFECT - 4 - S.B.
1310 THAT MAKES THE DEFENDANT LIKELY TO BE DANGEROUS AND THE DEFENDANT'S PROGNOSIS.
5.
THE MOST APPROPRIATE FORM AND PLACE OF TREATMENT IN THIS STATE, BASED ON THE DEFENDANT'S THERAPEUTIC NEEDS AND POTENTIAL THREAT TO PUBLIC SAFETY.
An order or combination of orders that is issued pursuant to section 13-4512 or 13-4514 shall not be in effect for more than twenty-one months or the maximum possible sentence the defendant could have received pursuant to section 13-702, section 13-703, section 13-704, subsection A, B, C, D or E, section 13-705, section 13-706, subsection A, section -13-708, 4subsection -D S.B.or section 13-751 or any section for which a specific sentence is authorized, whichever is less.
1310 13-708, subsection D or section 13-751 or any section for which a specific sentence is authorized, whichever is less.
If a defendant is discharged or released on the expiration of an order or orders issued pursuant to section 13-4512 or 13-4514, the medical supervisor may file a petition stating that the defendant requires further treatment pursuant to title 36, chapter 5, or appointment of a guardian pursuant to title 14 OR INVOLUNTARY COMMITMENT PURSUANT TO SECTION 13-451913-4521 BECAUSE THE DEFENDANT IS CONSIDERED DANGEROUS.
4.- 5 - S.B.
IF1310 THE4. DEFENDANT IS CHARGED WITH A SERIOUS OFFENSE AS DEFINED IN SECTION 13-706, ORDER A TRIAL BY JURY TO DETERMINE IF THE DEFENDANT IS DANGEROUS AND SHOULD BE INVOLUNTARILY COMMITTED PURSUANT TO SECTION 13-4519.
IF THE DEFENDANT IS CHARGED WITH A SERIOUS OFFENSE AS DEFINED IN SECTION 13-706, ORDER A TRIAL TO DETERMINE IF THE DEFENDANT IS DANGEROUS AND SHOULD BE INVOLUNTARILY COMMITTED PURSUANT TO SECTION 13-4521.
IF THE DEFENDANT IS NOT REPRESENTED BY AN ATTORNEY AND IS INDIGENT, THE COURT SHALL APPOINT AN ATTORNEY TO REPRESENT THE DEFENDANT IN ALL PROCEEDINGS UNDER SECTION 13-4521 AND ANY FURTHER PROCEEDINGS UNDER TITLE 36, CHAPTER 40.
-C. 5 - S.B.
1310The C.court may retain jurisdiction over the defendant until the defendant is committed for treatment pursuant to SECTION 13-4521 OR title 36, chapter 5 or a guardian is appointed pursuant to title 14, chapter 5.
The court may retain jurisdiction over the defendant until the defendant is committed for treatment pursuant to SECTION 13-4519 OR title 36, chapter 5 or a guardian is appointed pursuant to title 14, chapter 5.
proof evident hearing;
IF A COURT ENTERS AN ORDER PURSUANT TO SECTION 13-4517, SUBSECTION A, PARAGRAPH 4, THE COURT SHALL HOLD A TRIALHEARING BYWITHIN JURYTEN DAYS AFTER THE ORDER IS ISSUED TO DETERMINE IF THE DEFENDANTPROOF IS DANGEROUSEVIDENT ANDOR SHOULDTHE BEPRESUMPTION INVOLUNTARILYGREAT COMMITTED.THAT THE DEFENDANT COMMITTED THE ACT THAT CONSTITUTES A SERIOUS OFFENSE AS DEFINED IN SECTION 13-706.
IF THE DEFENDANTCOURT ISDOES NOT REPRESENTEDFIND BYTHE ANPROOF ATTORNEY AND IS INDIGENT,EVIDENT OR THE COURTPRESUMPTION SHALLGREAT APPOINTTHAT ANTHE ATTORNEY,DEFENDANT ASCOMMITTED SOON AS POSSIBLE AND BEFORE SETTING THE TRIAL,ACT, TO REPRESENT THE DEFENDANTCOURT ATSHALL THEPROCEED TRIALPURSUANT ANDTO ANYSECTION FURTHER13-4517, PROCEEDINGSSUBSECTION UNDERA, TITLEPARAGRAPH 36,1, CHAPTER2 40.OR 3.
IF THERETHE HASCOURT NOTDOES BEENFIND A PREVIOUS EVALUATION TO DETERMINE WHETHER THE DEFENDANTPROOF IS DANGEROUS,EVIDENT OR THE DEFENDANTPRESUMPTION SHALLGREAT BEPURSUANT EXAMINEDTO BYSUBSECTION MENTALA HEALTHOF EXPERTSTHIS INSECTION, THE SAMECOURT MANNERSHALL PRESCRIBEDHOLD INA SECTION- 13-45056 TO- DETERMINES.B. IF THE DEFENDANT SHOULD BE CONSIDERED DANGEROUS.
THE1310 DEFENDANTTRIAL MAYWITHIN RETAINONE HUNDRED TWENTY DAYS AFTER THE DEFENDANT'SCOURT OWNISSUED MENTALTHE HEALTHORDER EXPERTPURSUANT WHOTO MAYSECTION EXAMINE13-4517, THESUBSECTION DEFENDANTA, ANDPARAGRAPH PRESENT4 TO DETERMINE IF THE DEFENDANT'SDEFENDANT OWNIS MENTALDANGEROUS HEALTHAND EVALUATIONSHOULD ATBE THEINVOLUNTARILY TRIAL.COMMITTED.
Show all 249 changed lines (209 more)
UNLESS THE STATE OR DEFENDANT REQUESTS A JURY TRIAL, A TRIAL HELD PURSUANT TO THIS SUBSECTION SHALL BE BEFORE THE COURT.
ATTHE AARIZONA TRIALRULES TOOF DETERMINEEVIDENCE IFAND THE DEFENDANTARIZONA ISRULES DANGEROUS,OF THECIVIL STATEPROCEDURE SHALLAPPLY ESTABLISHTO BEYONDPROCEEDINGS AHELD REASONABLEPURSUANT DOUBTTO THIS SECTION, EXCEPT THAT THE DEFENDANTCOURT ISMAY DANGEROUSCONSIDER ANDEVIDENCE THAT THEIS DEFENDANTNOT COMMITTEDADMISSIBLE UNDER THE ACTSARIZONA THATRULES CONSTITUTEOF THEEVIDENCE CHARGEDWHEN OFFENSE.MAKING A DETERMINATION PURSUANT TO SUBSECTION A OF THIS SECTION.
IF THE JURY DOES NOT FIND THE DEFENDANT IS DANGEROUS, THE COURT SHALL PROCEED PURSUANT TO SECTION 13-4517, SUBSECTION A, PARAGRAPH 1, 2 OR 3.
IF THETHERE JURYHAS FINDSNOT THATBEEN THEA DEFENDANTPREVIOUS ISEVALUATION DANGEROUS,TO DETERMINE WHETHER THE COURTDEFENDANT SHALLIS ORDERDANGEROUS, THE DEFENDANT TOSHALL BE COMMITTEDEXAMINED TOBY A SECURE STATE MENTAL HEALTH FACILITYEXPERTS LICENSEDIN BYACCORDANCE WITH THE DEPARTMENTREQUIREMENTS OF HEALTHSECTION SERVICES13-4509, ORSUBSECTION THED JOINTTO COMMISSIONDETERMINE ONIF ACCREDITATIONTHE OFDEFENDANT HEALTHCARESHOULD ORGANIZATIONS.BE CONSIDERED DANGEROUS.
THE STATE AND THE DEFENDANT MAY EACH RETAIN A MENTAL HEALTH EXPERT TO EXAMINE THE DEFENDANT AND PRESENT THE DEFENDANT'S MENTAL HEALTH EVALUATION AT THE TRIAL.
E.
AT A TRIAL TO DETERMINE IF THE DEFENDANT IS DANGEROUS, THE STATE SHALL ESTABLISH BEYOND A REASONABLE DOUBT THAT THE DEFENDANT IS DANGEROUS AND SHOULD BE INVOLUNTARILY COMMITTED.
IF THE FACTFINDER DOES NOT FIND THAT THE DEFENDANT IS DANGEROUS OR DOES NOT FIND THAT THE DEFENDANT SHOULD BE INVOLUNTARILY COMMITTED, THE COURT SHALL PROCEED PURSUANT TO SECTION 13-4517, SUBSECTION A, PARAGRAPH 1, 2 OR 3.
F.
IF THE FACTFINDER FINDS THAT THE DEFENDANT IS DANGEROUS AND SHOULD BE INVOLUNTARILY COMMITTED, THE COURT SHALL DISMISS THE CHARGES AGAINST THE DEFENDANT WITHOUT PREJUDICE AND ORDER THE DEFENDANT TO BE COMMITTED TO A SECURE STATE MENTAL HEALTH FACILITY.
-G. 6 - S.B.
1310 E.
THE ORDER SHALL REQUIRE THAT THE DEFENDANT REMAIN COMMITTED TO THEA CUSTODY OF THE SECURE STATE MENTAL HEALTH FACILITY UNTIL ANY OF THE FOLLOWING OCCURS:
F.
THE COURT SHALL RETAIN JURISDICTION OVER A DEFENDANT WHO IS COMMITTED PURSUANT TO THIS SECTION UNTIL THE COURT DISCHARGES THE DEFENDANT FROM TREATMENT OR THE TIME TO COMMENCE A CHARGE PURSUANT TO SECTION 13-107 HAS EXPIRED, WHICHEVER OCCURS FIRST.
FOR THE PURPOSE OF CALCULATING THE TIME UNDER SECTION 13-107 NO TIME IS TOLLED.
THE COURT HAS CONTINUING JURISDICTION OVER THE PERSON PURSUANT TO TITLE 36, CHAPTER 40.
G.
IF A DEFENDANT IS INVOLUNTARILY COMMITTED PURSUANT TO THIS SECTION, THE DIRECTOR OF THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION SHALL DETERMINE THE EXTENT TO WHICH THE DEFENDANT IS RECEIVING OR IS ELIGIBLE TO RECEIVE PRIVATE OR PUBLIC BENEFITS THAT MAY BE APPLIED TO THE EXPENSES OF THE DEFENDANT'S MAINTENANCE AND TREATMENT THAT ARE MEDICALLY NECESSARY, INCLUDING FEDERAL AND STATE MEDICAID, ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM MONIES AND REGIONAL BEHAVIORAL HEALTH CARE AUTHORITY MONIES.
THE ADMINISTRATION MAY ACCEPT THESE MONIES WITHOUT A COURT ORDER.
THE ADMINISTRATION IS RESPONSIBLE FOR ALL REMAINING COSTS ASSOCIATED WITH THE COMMITMENT.
FINDINGSA BYCOMMITMENT THEORDER COURTISSUED MADE PURSUANT TO THIS SECTION AREMAY INADMISSIBLENOT BE IN ANYEFFECT PROCEEDINGFOR OTHERMORE THAN ATHE PROCEEDINGPRESUMPTIVE UNDERSENTENCE TITLETHE 36,DEFENDANT CHAPTERCOULD 40.HAVE RECEIVED FOR THE HIGHEST CHARGED OFFENSE PURSUANT TO SECTION 13-702 OR 13-703, SECTION 13-704, SUBSECTION A, B, C, D OR E, SECTION 13-705, SECTION 13-706, SUBSECTION A, SECTION 13-708, SUBSECTION D OR SECTION 13-751 OR ANY SECTION FOR WHICH A SPECIFIC SENTENCE IS AUTHORIZED.
IN MAKING THIS DETERMINATION, THE COURT MAY NOT CONSIDER THE SENTENCE ENHANCEMENTS UNDER SECTION 13-703 OR 13-704 FOR PRIOR CONVICTIONS.
THE - 7 - S.B.
1310 COURT SHALL CONSIDER ALL TIME A DEFENDANT HAS BEEN IN CUSTODY, INCLUDING PRETRIAL DETENTION AND CUSTODY UNDER TITLE 36.
ATHE PERSONCOURT WHOSHALL ISRETAIN INVOLUNTARILYJURISDICTION COMMITTEDOVER TO A SECUREDEFENDANT STATEWHO MENTALIS HEALTHCOMMITTED FACILITY PURSUANT TO THIS SECTION SHALLUNTIL RECEIVE CREDIT FOR ALL TIME SPENT UNDER THE JURISDICTIONCOURT OFDISCHARGES THE SECUREDEFENDANT STATEFROM MENTALTREATMENT. HEALTH FACILITY IF THE PERSON IS FOUND COMPETENT TO STAND TRIAL AND IS SUBSEQUENTLY SENTENCED TO THE STATE DEPARTMENT OF CORRECTIONS FOR ANY OF THE CHARGES THAT WERE THE BASIS FOR THE INVOLUNTARY COMMITMENT.
IF A DEFENDANT IS DISCHARGED OR RELEASED ON THE EXPIRATION OF A COMMITMENT ORDER ISSUED PURSUANT TO THIS SECTION, THE MEDICAL DIRECTOR OF THE SECURE STATE MENTAL HEALTH FACILITY FROM WHICH THE DEFENDANT IS DISCHARGED OR RELEASED OR THE STATE MAY FILE A PETITION STATING THAT THE DEFENDANT REQUIRES FURTHER TREATMENT PURSUANT TO TITLE 36, CHAPTER 5 OR THE APPOINTMENT OF A GUARDIAN PURSUANT TO TITLE 14.
FINDINGS BY THE COURT MADE PURSUANT TO THIS SECTION AND, EXCEPT AS PROVIDED IN SECTION 13-4508, ANY STATEMENTS MADE BY THE DEFENDANT DURING AN EXAMINATION BY A MENTAL HEALTH EXPERT PURSUANT TO SECTION 13-4509 ARE INADMISSIBLE IN ANY PROCEEDING OTHER THAN A PROCEEDING UNDER TITLE 36, CHAPTERS 5 AND 40.
K.
A PERSON WHO IS INVOLUNTARILY COMMITTED TO A SECURE STATE MENTAL HEALTH FACILITY PURSUANT TO THIS SECTION SHALL RECEIVE CREDIT FOR ALL TIME SPENT UNDER THE JURISDICTION OF THE SECURE STATE MENTAL HEALTH FACILITY IF THE PERSON IS FOUND COMPETENT TO STAND TRIAL AND IS SUBSEQUENTLY SENTENCED TO THE STATE DEPARTMENT OF CORRECTIONS FOR ANY OF THE CHARGES THAT WERE THE BASIS FOR THE INVOLUNTARY COMMITMENT.
L.
THE NUMBER OF COURT ORDERS FOR A JURY TRIAL PURSUANT TO SECTION 13-4517, SUBSECTION A, PARAGRAPH 4.4, INCLUDING THE NUMBER OF JURY TRIALS THAT WERE HELD.
THE NUMBER OF DEFENDANTS WHO ARE COMMITTED AFTER A JURY TRIAL PURSUANT TO THIS SECTION.
THE NUMBER OF COMMITTED DEFENDANTS WHO ARE RESTORED TO COMPETENCY OR DETERMINED TO NOT BE DANGEROUS AND WHO ARE DISCHARGED.
-Sec. 7 - S.B.
1310 Sec.
Section 36-425.06, Arizona Revised Statutes, is amended to read:
36-425.06.
Secure behavioral health residential facilities;
license;
annual report;
definition A.
The department shall license secure behavioral health residential facilities to provide secure twenty-four-hour on-site supportive treatment and supervision by staff with behavioral health training for persons who have been determined to be seriously mentally ill, who are chronically resistant to treatment for a mental disorder and who are placed in the facility pursuant to a court order issued pursuant to section 36-550.09 OR WHO HAVE BEEN COMMITTED PURSUANT TO A COURT ORDER ISSUED PURSUANT TO SECTION 13-4521.
A secure behavioral health residential facility may provide services only to persons placed in OR - 8 - S.B.
1310 COMMITTED TO the facility pursuant to a court order issued pursuant to section 36-550.09 OR 13-4521 and may not provide services to any other persons on that facility's premises.
A secure behavioral health residential facility may not have more than sixteen beds.
B.
ON OR BEFORE SEPTEMBER 1 OF EACH YEAR, THE DIRECTOR OF THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION SHALL SUBMIT A REPORT TO THE GOVERNOR, THE LEGISLATURE AND THE SUPREME COURT THAT INCLUDES ALL OF THE FOLLOWING INFORMATION:
1.
AN ACCOUNTING OF WHERE THE MONIES APPROPRIATED TO THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION FOR SECURE BEHAVIORAL HEALTH RESIDENTIAL FACILITIES WERE USED DURING THE PREVIOUS YEAR.
2.
THE NUMBER OF AVAILABLE BEDS IN EACH SECURE BEHAVIORAL HEALTH RESIDENTIAL FACILITY.
B.
C.
For the purposes of this section, "secure" means premises that limit a patient's egress in the least restrictive manner consistent with the patient's court-ordered treatment plan.
Sec.
9.
"ATTORNEY FOR THE STATE" MEANS THE COUNTY ATTORNEY IN THE COUNTY WHERE THE COMMITTED DEFENDANT WAS FOUND TO BE A COMMITTED DEFENDANT, OR THE ATTORNEY GENERAL, WHO REPRESENTS THIS STATE AT ANY PROCEEDINGS HELD PURSUANT TO THIS CHAPTER.
2.
"BIANNUALLY" MEANS TWICE PER YEAR.
3.
2.
"COMMITTED DEFENDANT" MEANS A PERSON WHO HAS BEEN DETERMINED TO BE INCOMPETENT AND NONRESTORABLE AND DANGEROUS PURSUANT TO TITLE 13, CHAPTER 41.
3.
"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.
"MENTAL"COMMITTED ILLNESS,DEFENDANT": DEFECT OR DISABILITY" MEANS A PSYCHIATRIC OR NEUROLOGICAL DISORDER THAT IS EVIDENCED BY BEHAVIORAL OR EMOTIONAL SYMPTOMS, INCLUDING A CONGENITAL MENTAL CONDITION, A CONDITION RESULTING FROM INJURY OR DISEASE OR A DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION 36-551.
(a) MEANS A PERSON WHO HAS BEEN DETERMINED TO BE INCOMPETENT AND NONRESTORABLE AND DANGEROUS PURSUANT TO TITLE 13, CHAPTER 41.
(b) INCLUDES THE COMMITTED DEFENDANT'S ATTORNEY OR THE COMMITTED DEFENDANT'S COURT-APPOINTED GUARDIAN, IF ANY.
"STATE"DANGEROUS" HOSPITAL" MEANS THAT, AS A RESULT OF A MENTAL ILLNESS, DEFECT OR DISABILITY, A PERSON'S CONTINUED BEHAVIOR CAN REASONABLY BE EXPECTED, ON THE ARIZONABASIS STATEOF HOSPITAL.A MENTAL HEALTH EXPERT'S OPINION, TO RESULT IN SERIOUS PHYSICAL HARM OR DEATH TO ANOTHER PERSON.
"SUPERINTENDENT""LESS RESTRICTIVE ALTERNATIVE" MEANS THECOURT-ORDERED SUPERINTENDENTTREATMENT OFIN THEA STATESETTING HOSPITAL.THAT IS LESS RESTRICTIVE THAN TOTAL CONFINEMENT.
- 9 - S.B.
1310 7.
"MEDICAL DIRECTOR" MEANS THE MEDICAL DIRECTOR OF THE SECURE BEHAVIORAL HEALTH RESIDENTIAL FACILITY IN WHICH THE COMMITTED DEFENDANT RESIDES.
8.
"MENTAL ILLNESS, DEFECT OR DISABILITY" MEANS A PSYCHIATRIC OR NEUROLOGICAL DISORDER THAT IS EVIDENCED BY BEHAVIORAL OR EMOTIONAL SYMPTOMS, INCLUDING A CONGENITAL MENTAL CONDITION, A CONDITION RESULTING FROM INJURY OR DISEASE OR A DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION 36-551.
9.
"SECURE STATE MENTAL HEALTH FACILITY" MEANS A SECURE BEHAVIORAL HEALTH RESIDENTIAL FACILITY THAT IS LICENSED PURSUANT TO SECTION 36-425.06.
THE PSYCHIATRIST, PSYCHOLOGIST OR OTHER COMPETENT PROFESSIONAL OF THE SECURE STATE HOSPITALMENTAL ORHEALTH A LICENSED FACILITY UNDER THE SUPERVISION OF THE STATE HOSPITAL SHALL BIANNUALLY EXAMINE EACH PERSON WHO IS COMMITTED PURSUANT TO SECTION 13-4519.13-4521.
THE PERSON WHO CONDUCTS THE BIANNUAL EXAMINATION SHALL SUBMIT THE EXAMINATION REPORT TO THE COURT, THE COMMITTEDSTATE DEFENDANT AND ANY ATTORNEY OF RECORD FOR THE COMMITTED DEFENDANTDEFENDANT. IN CONNECTION WITH THE COMMITTED DEFENDANT'S COMMITMENT.
IF THE PSYCHIATRIST, PSYCHOLOGIST OR OTHER COMPETENT PROFESSIONAL SUBMITS A REPORT INDICATING THAT THE COMMITTED DEFENDANT IS COMPETENT TO STAND TRIAL OR IS NO LONGER DANGEROUS, THE COURT SHALL HOLD A -HEARING 8TO -DETERMINE S.B.WHETHER THE COMMITTED DEFENDANT IS COMPETENT OR IS NO LONGER DANGEROUS.
1310 HEARING TO DETERMINE WHETHER THE COMMITTED DEFENDANT IS COMPETENT OR IS NO LONGER DANGEROUS.
THEEITHER PROSECUTINGPARTY AGENCY SHALL REPRESENT THE STATE AT THE HEARING AND MAY REQUEST THAT THE COMMITTED DEFENDANT BE EXAMINED BY ATHE COMPETENTPARTY'S PROFESSIONALOWN SELECTEDCOMPETENT BYPROFESSIONAL. THE PROSECUTING AGENCY.
THE ATTORNEY FOR THE STATE HAS THE BURDEN OF PROVING BY CLEAR AND CONVINCING EVIDENCE THAT THE COMMITTED DEFENDANT'S MENTAL ILLNESS, DEFECT OR DISABILITY HAS NOT CHANGED AND THAT THE COMMITTED DEFENDANT REMAINS DANGEROUS ORAND THAT THE COMMITTED DEFENDANT IS COMPETENTINCOMPETENT TO STAND TRIAL.
ALL COMPETENT PROFESSIONALS- SHALL10 HAVE- EQUALS.B. ACCESS TO THE COMMITTED DEFENDANT AS WELL AS ALL RECORDS CONCERNING THE COMMITTED DEFENDANT.
1310 PROFESSIONALS SHALL HAVE EQUAL ACCESS TO THE COMMITTED DEFENDANT AS WELL AS ALL RECORDS CONCERNING THE COMMITTED DEFENDANT.
THIS SECTION DOES NOT PRECLUDE THE COMMITTED DEFENDANT FROM PETITIONING THE COURT FOR CONDITIONAL RELEASE TO A LESS RESTRICTIVE ALTERNATIVE OR DISCHARGE FROM TREATMENT PURSUANT TO SECTION 36-4004.36-4004, SUBSECTION C.
(b) THE COMMITTED DEFENDANT IS NOT DANGEROUS IN WHOLE OR IN PART BECAUSE OF THE HABILITATION OR TREATMENT THAT THE PATIENT IS RECEIVING, -INCLUDING 9TAKING -MEDICATION, S.B.THE COURT MAY RELEASE THE COMMITTED DEFENDANT TO A LESS RESTRICTIVE ALTERNATIVE PURSUANT TO SECTIONS 36-4005 AND 36-4006.
1310(c) INCLUDING TAKING MEDICATION, THE COURTCOMMITTED MAYDEFENDANT RELEASEIS DANGEROUS, THE COMMITTED DEFENDANTDEFENDANT, SUBJECT TO ASECTION LESS13-4521, RESTRICTIVESUBSECTION ALTERNATIVEH, PURSUANTSHALL TOREMAIN SECTIONSCOMMITTED 36-4005FOR EDUCATION, CARE, SUPERVISION AND 36-4006.TREATMENT TO RENDER THE COMMITTED DEFENDANT COMPETENT OR NONDANGEROUS.
(c) THE COMMITTED DEFENDANT IS DANGEROUS, THE COMMITTED DEFENDANT SHALL REMAIN COMMITTED FOR EDUCATION, CARE, SUPERVISION AND TREATMENT TO RENDER THE COMMITTED DEFENDANT COMPETENT OR NONDANGEROUS.
IF THE SUPERINTENDENTMEDICAL OF THE STATE HOSPITAL OR THE DIRECTOR OF THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION DETERMINES THAT THE COMMITTED DEFENDANT'S MENTAL ILLNESS, DEFECT OR DISABILITY HAS SO CHANGED THAT THE COMMITTED DEFENDANT IS NO LONGER DANGEROUS IF CONDITIONALLY RELEASED TO A LESS RESTRICTIVE ALTERNATIVE, THE SUPERINTENDENTMEDICAL OR DIRECTOR SHALL ALLOW THE COMMITTED DEFENDANT TO PETITION THE COURT FOR CONDITIONAL RELEASE TO A LESS RESTRICTIVE ALTERNATIVE.
THEEITHER PROSECUTINGPARTY AGENCY SHALL REPRESENT THE STATE AT THE HEARING AND MAY REQUEST THAT- THE11 COMMITTED- DEFENDANTS.B. BE EXAMINED BY A COMPETENT PROFESSIONAL SELECTED BY THE PROSECUTING AGENCY.
1310 THAT THE COMMITTED DEFENDANT BE EXAMINED BY THE PARTY'S OWN COMPETENT PROFESSIONAL.
THE ATTORNEY FOR THE STATE HAS THE BURDEN OF PROVING BY CLEAR AND CONVINCING EVIDENCE THAT THE COMMITTED DEFENDANT'S MENTAL ILLNESS, DEFECT OR DISABILITY HAS NOT CHANGED AND THAT THE COMMITTED DEFENDANT REMAINS DANGEROUS IF CONDITIONALLY RELEASED TO A LESS RESTRICTIVE ALTERNATIVE OR CONDITIONALLY DISCHARGED.RELEASED.
THIS SECTION DOES NOT PROHIBIT THE COMMITTED DEFENDANT FROM ANNUALLY PETITIONING THE COURT FOR CONDITIONAL RELEASE TO A LESS RESTRICTIVE ALTERNATIVE WITHOUT THE APPROVAL OF THEMEDICAL SUPERINTENDENTDIRECTOR. OF THE STATE HOSPITAL OR THE DIRECTOR OF THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION.
THE MEDICAL DIRECTOR SHALL PROVIDE AN ANNUAL WRITTEN NOTICE TO THE COMMITTED DEFENDANT OF THE COMMITTED DEFENDANT'S RIGHT TO PETITION THE COURT FOR CONDITIONAL RELEASE TO A LESS RESTRICTIVE ALTERNATIVE WITHOUT THE APPROVAL OF THE SUPERINTENDENTMEDICAL OR DIRECTOR.
THE MEDICAL DIRECTOR SHALL SUBMIT THE NOTICE AND WAIVER TO THE COURT WITH THE ANNUAL EXAMINATION REPORT.
THEEITHER PROSECUTINGPARTY AGENCY MAY REQUEST THAT THE COMMITTED DEFENDANT BE EXAMINED BY ATHE COMPETENTPARTY'S PROFESSIONALOWN SELECTEDCOMPETENT BYPROFESSIONAL. THE PROSECUTING AGENCY.
THE COMMITTEDATTORNEY DEFENDANTFOR MAYTHE RETAINSTATE HAS THE BURDEN OF PROVING BY CLEAR AND CONVINCING EVIDENCE THAT THE COURT,COMMITTED ONDEFENDANT'S REQUESTMENTAL OFILLNESS, ANDEFECT INDIGENTOR DISABILITY HAS NOT CHANGED AND THAT THE COMMITTED DEFENDANT,DEFENDANT MAYREMAINS APPOINTDANGEROUS IF CONDITIONALLY RELEASED TO A COMPETENTLESS PROFESSIONAL.RESTRICTIVE ALTERNATIVE.
THE ATTORNEY FOR THE STATE HAS THE BURDEN OF PROVING BY CLEAR AND CONVINCING EVIDENCE THAT THE COMMITTED DEFENDANT'S MENTAL ILLNESS, DEFECT OR DISABILITY HAS - 10 - S.B.
1310 NOT CHANGED AND THAT THE COMMITTED DEFENDANT REMAINS DANGEROUS IF CONDITIONALLY RELEASED TO A LESS RESTRICTIVE ALTERNATIVE.
IF THE COURT FINDS THAT THE COMMITTED DEFENDANT WILL CONTINUE TO RECEIVE THE NEEDED TREATMENT OR HABILITATION, THE COURT MAY ORDER THE COMMITTED DEFENDANT- TO12 BE- CONDITIONALLYS.B. RELEASED TO A LESS RESTRICTIVE ALTERNATIVE ON THE CONDITION THAT THE COMMITTED DEFENDANT CONTINUE TO RECEIVE TREATMENT OR HABILITATION.
1310 DEFENDANT TO BE CONDITIONALLY RELEASED TO A LESS RESTRICTIVE ALTERNATIVE ON THE CONDITION THAT THE COMMITTED DEFENDANT CONTINUE TO RECEIVE TREATMENT OR HABILITATION.
IF THE COURT FINDS THAT CONDITIONS DO NOT EXIST THAT WILL BOTH ENSURE THE COMMITTED DEFENDANT'S COMPLIANCE WITH TREATMENT AND PROTECT THE COMMUNITY, THE COURT SHALL REMAND THE COMMITTED DEFENDANT TO THE CUSTODY OF THE SUPERINTENDENTMEDICAL OFDIRECTOR THE STATE HOSPITAL FOR CARE, SUPERVISION OR TREATMENT IN A LICENSEDSECURE FACILITYSTATE THATMENTAL ISHEALTH UNDERFACILITY. THE SUPERVISION OF THE SUPERINTENDENT.
IF THE PROVIDER THAT IS DESIGNATED TO PROVIDE INPATIENT OR OUTPATIENT TREATMENT OR TO MONITOR OR SUPERVISE ANY OTHER TERMS AND CONDITIONS OF A COMMITTED DEFENDANT'S PLACEMENT IN A LESS RESTRICTIVE ALTERNATIVE IS NOT THE SECURE STATE HOSPITAL,MENTAL HEALTH FACILITY, THE PROVIDER SHALL AGREE IN WRITING TO PROVIDE THE TREATMENT.
BEFORE THE COURT AUTHORIZES A COMMITTED DEFENDANT'S CONDITIONAL RELEASE TO A LESS RESTRICTIVE ALTERNATIVE, THE COURT SHALL IMPOSE ANY -CONDITIONS 11ON -THE S.B.COMMITTED DEFENDANT THAT THE COURT DETERMINES ARE NECESSARY TO ENSURE THE SAFETY OF THE COMMUNITY.
1310THE CONDITIONS ONSHALL THEINCLUDE THAT BEFORE BEING RELEASED TO A LESS RESTRICTIVE ALTERNATIVE, A COMMITTED DEFENDANT THATMUST SUBMIT TO NINETY DAYS OF INPATIENT EVALUATION AT THE COURTSECURE DETERMINESSTATE AREMENTAL NECESSARYHEALTH TOFACILITY, ENSUREEXCEPT THAT IN THE SAFETYMEDICAL DIRECTOR'S DISCRETION, THE DURATION OF THE COMMUNITY.EVALUATION PERIOD MAY BE LESS THAN NINETY DAYS.
THE CONDITIONSCOURT SHALL INCLUDEORDER THATTHE BEFOREMEDICAL BEINGDIRECTOR RELEASED TO AINVESTIGATE THE LESS RESTRICTIVE ALTERNATIVE,ALTERNATIVE AAND COMMITTEDTO DEFENDANTSUBMIT MUSTADDITIONAL SUBMITCONDITIONS TO NINETY DAYS OF INPATIENT EVALUATION AT THE STATECOURT. HOSPITAL, EXCEPT THAT IN THE SUPERINTENDENT'S DISCRETION, THE DURATION OF THE EVALUATION PERIOD MAY BE LESS THAN NINETY DAYS.
THE COURT SHALL ORDER THE SUPERINTENDENT TO INVESTIGATE THE LESS RESTRICTIVE ALTERNATIVE AND TO SUBMIT ADDITIONAL CONDITIONS TO THE COURT.
REQUIRING SUPERVISION BY THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION.
6.
7.6.
8.- 13 - S.B.
COMPLYING1310 WITH7. OTHER CONDITIONS THAT THE COURT OR THE SUPERINTENDENT DETERMINES ARE IN THE BEST INTEREST OF THE COMMITTED DEFENDANT OR OTHERS.
COMPLYING WITH OTHER CONDITIONS THAT THE COURT OR THE MEDICAL DIRECTOR DETERMINES ARE IN THE BEST INTEREST OF THE COMMITTED DEFENDANT OR OTHERS.
FOLLOWING A DETERMINATION THAT A COMMITTED DEFENDANT'S RELEASE TO A LESS RESTRICTIVE ALTERNATIVE IS WARRANTED AND AFTER CONSIDERING THE RECOMMENDATION REGARDING THE DURATION AND AMOUNT OF TREATMENT BY THE SUPERINTENDENT,MEDICAL DIRECTOR, THE COURT SHALL REQUIRE AS A CONDITION OF RELEASE TO A LESS RESTRICTIVE ALTERNATIVE THAT THE COMMITTED DEFENDANT PARTICIPATE IN OUTPATIENT TREATMENT.
EACH MONTH OR AS OTHERWISE DIRECTED BY THE COURT, EACH DESIGNATED SERVICE PROVIDER SHALL SUBMIT A REPORT THAT STATES WHETHER THE COMMITTED DEFENDANT IS COMPLYING WITH THE TERMS AND CONDITIONS OF CONDITIONAL RELEASE TO A LESS RESTRICTIVE ALTERNATIVE TO:TO EACH OF THE FOLLOWING:
THE SECURE STATE MENTAL HEALTH FACILITY FROM WHICH THE COMMITTED INCOMPETENTDEFENDANT WAS RELEASED.
-3. 12 - S.B.
1310THE 3.ATTORNEY FOR THE STATE.
THE COUNTY ATTORNEY IN THE COUNTY WHERE THE COMMITTED DEFENDANT WAS FOUND TO BE A COMMITTED DEFENDANT OR TO THE ATTORNEY GENERAL.
THE COURT SHALL REVIEW THE CASE OF EACH COMMITTED DEFENDANT WHO IS CONDITIONALLY RELEASED TO A LESS RESTRICTIVE ALTERNATIVE WITHIN ONE YEAR AFTER THE COMMITTED DEFENDANT'S RELEASE AND ANNUALLY THEREAFTER ON MOTION OF EITHER PARTY OR THE SUPERINTENDENTMEDICAL DIRECTOR OR ON THE COURT'S OWN MOTION UNTIL THE COMMITTED DEFENDANT IS DISCHARGED.
IN MAKING ITS DETERMINATION, THE COURT SHALL CONSIDER THE PERIODIC REPORTS THAT ARE SUBMITTED TO THE COURT PURSUANT TO SUBSECTION G OF THIS SECTION AND THE OPINIONS OF THE SUPERINTENDENTMEDICAL DIRECTOR AND ANY OTHER COMPETENT PROFESSIONAL.
I.
IF A COMMITTED DEFENDANT IS CONDITIONALLY RELEASED TO A LESS RESTRICTIVE ALTERNATIVE, THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION SHALL NOTIFY THE DEPARTMENT OF PUBLIC SAFETY OF THE COMMITTED DEFENDANT'S RELEASE SO THAT THE DEPARTMENT OF PUBLIC SAFETY MAY COMMENCE ANY APPLICABLE NOTIFICATION PROCESS UNDER SECTION 13-3825.
THE COMMITTED DEFENDANT WILL BE TREATED BY A PROVIDERCOMPETENT WHOPROFESSIONAL. IS QUALIFIED TO PROVIDE THE NECESSARY TREATMENT IN THIS STATE.
THE PROVIDERCOMPETENT PROFESSIONAL PRESENTS A SPECIFIC COURSE OF TREATMENT FOR THE COMMITTED DEFENDANT, AGREES TO ASSUME RESPONSIBILITY FOR THE COMMITTED DEFENDANT'S TREATMENT, WILL REPORT ON THE COMMITTED DEFENDANT'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.MEDICAL DIRECTOR.
3.- 14 - S.B.
1310 3.
THE COMMITTED DEFENDANT WILL COMPLY WITH THE PROVIDERCOMPETENT PROFESSIONAL AND ALL OF THE REQUIREMENTS THAT ARE IMPOSED BY THE PROVIDERCOMPETENT PROFESSIONAL AND THE COURT.
THE COMMITTED DEFENDANT WILL COMPLY WITH THE SUPERVISION REQUIREMENTS THAT ARE IMPOSED BY THE ARIZONACOURT HEALTHOR CARETHE COSTMEDICAL CONTAINMENTDIRECTOR. SYSTEM ADMINISTRATION.
-36-4007. 13 - S.B.
1310 36-4007.
THE SUPERINTENDENTMEDICAL DIRECTOR SHALL KEEP RECORDS DETAILING ALL MEDICAL, EXPERT AND PROFESSIONAL CARE AND TREATMENT THAT A COMMITTED DEFENDANT RECEIVES AND SHALL KEEP COPIES OF ALL REPORTS OF PERIODIC EXAMINATIONS THAT ARE MADE PURSUANT TO THIS ARTICLE.
THE COUNTY ATTORNEY ORFOR THE ATTORNEYSTATE. GENERAL.
THE FACILITY MAY NOT DISCLOSE THE CONTENTS- OF15 THE- INVENTORYS.B. TO ANY OTHER PERSON WITHOUT THE CONSENT OF THE COMMITTED DEFENDANT OR A COURT ORDER.
1310 CONTENTS OF THE INVENTORY TO ANY OTHER PERSON WITHOUT THE CONSENT OF THE COMMITTED DEFENDANT OR A COURT ORDER.
EXCEPT AS PROVIDED IN SECTION 13-4517, SUBSECTION B, THE MEDICAL DIRECTOR IS RESPONSIBLE FOR ALL EXPENSES ASSOCIATED WITH THE EDUCATION, CARE, SUPERVISION AND TREATMENT TO RENDER THE COMMITTED DEFENDANT EITHER COMPETENT OR NONDANGEROUS.
E.
E.
A COMMITTED DEFENDANT WHO IS INDIGENT MAY NOT BE CONDITIONALLY RELEASED TO A LESS RESTRICTIVE ALTERNATIVE OR DISCHARGED WITHOUT SUITABLE CLOTHING.
WHEN A COMMITTED DEFENDANT IS CONDITIONALLY RELEASED TO A LESS RESTRICTIVE ALTERNATIVE OR DISCHARGED, THE SUPERINTENDENT SHALL FURNISH THE COMMITTED DEFENDANT WITH AN AMOUNT OF MONEY IN CONFORMANCE WITH SECTION 31-228.
FORA THECOMMITTED PURPOSESDEFENDANT OFWHO THISIS SECTION,INDIGENT "RESPONSIBLEMAY RELATIVE"NOT MEANSBE THECONDITIONALLY SPOUSE,RELEASED PARENT,TO ADULTA CHILDLESS ORRESTRICTIVE ADULTALTERNATIVE SIBLINGOR OFDISCHARGED THEWITHOUT COMMITTEDSUITABLE -CLOTHING. 14 - S.B.
1310WHEN A COMMITTED DEFENDANT ANDIS INCLUDESCONDITIONALLY THERELEASED GUARDIAN,TO CONSERVATORA LESS RESTRICTIVE ALTERNATIVE OR ATTORNEYDISCHARGED, OFTHE MEDICAL DIRECTOR SHALL FURNISH THE COMMITTED DEFENDANT.DEFENDANT WITH AN AMOUNT OF MONEY IN CONFORMANCE WITH SECTION 31-228.
G.
FOR THE PURPOSES OF THIS SECTION, "RESPONSIBLE RELATIVE" MEANS THE SPOUSE, PARENT, ADULT CHILD OR ADULT SIBLING OF THE COMMITTED DEFENDANT AND INCLUDES THE GUARDIAN, CONSERVATOR OR ATTORNEY OF THE COMMITTED DEFENDANT.
IF THE ATTORNEY FOR THE STATESTATE, THE MEDICAL DIRECTOR OR THE COURT BELIEVES THAT A COMMITTED DEFENDANT 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 DESIGNATEDMEDICAL SERVICEDIRECTOR 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 COMMITTED DEFENDANT'S CONDITIONAL RELEASE.
IF THE ATTORNEY FOR THE STATE OR THE COURT REASONABLY BELIEVES THAT A COMMITTED DEFENDANT WHO IS CONDITIONALLY RELEASED TO A LESS RESTRICTIVE ALTERNATIVE IS NOT COMPLYING WITH THE TERMS AND CONDITIONS OF THE COMMITTED DEFENDANT'S CONDITIONAL RELEASE OR IS IN NEED OF ADDITIONAL CARE OR TREATMENT OR THAT THE CIRCUMSTANCES OF THE RELEASE HAVE CHANGED SO THAT THE COMMUNITY IS NO LONGER SAFE, THE COURT OR THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION MAY ORDER THAT THE CONDITIONALLY RELEASED COMMITTED DEFENDANT BE DETAINED AND TAKEN INTO CUSTODY UNTIL A HEARING CAN BE SCHEDULED TO DETERMINE IF THE COMMITTED DEFENDANT'S CONDITIONAL RELEASE SHOULD BE REVOKED OR MODIFIED.
THE COURT AND ANY ATTORNEY OF RECORD REPRESENTING THE COMMITTED DEFENDANT SHALL BE NOTIFIED BEFORE THE CLOSE OF THE NEXT JUDICIAL DAY OF THE COMMITTED DEFENDANT'S DETENTION.
THE ATTORNEY FOR THE STATE AND THE CONDITIONALLY RELEASED COMMITTED DEFENDANT MAY REQUEST AN IMMEDIATE MENTAL EXAMINATION- OF16 THE- COMMITTEDS.B. DEFENDANT.
1310 EXAMINATION OF THE COMMITTED DEFENDANT.
-36-4009. 15 - S.B.
1310 36-4009.
IF THE SUPERINTENDENTMEDICAL OR THE DIRECTOR OF THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION DETERMINES THAT THE COMMITTED DEFENDANT'S MENTAL ILLNESS, DEFECT OR DISABILITY HAS SO CHANGED THAT THE COMMITTED DEFENDANT IS NO LONGER DANGEROUS IF DISCHARGED BUT REMAINS INCOMPETENT TO STAND TRIAL, THE SUPERINTENDENTMEDICAL OR DIRECTOR SHALL ALLOW THE COMMITTED DEFENDANT TO PETITION THE COURT FOR DISCHARGE.
THEEITHER PROSECUTINGPARTY AGENCY SHALL REPRESENT THE STATE AT THE HEARING AND MAY REQUEST THAT THE COMMITTED DEFENDANT BE EXAMINED BY ATHE COMPETENTPARTY'S PROFESSIONALOWN WHOCOMPETENT ISPROFESSIONAL. SELECTED BY THE PROSECUTING AGENCY.
IFTHIS ASECTION COMMITTEDDOES DEFENDANTNOT ISPROHIBIT DISCHARGED, THE ARIZONACOMMITTED HEALTHDEFENDANT CAREFROM COSTANNUALLY CONTAINMENTPETITIONING SYSTEM ADMINISTRATION SHALL NOTIFY THE DEPARTMENTCOURT OFFOR PUBLIC SAFETY OF THE COMMITTED DEFENDANT'S DISCHARGE SOWITHOUT THAT THE DEPARTMENTAPPROVAL OF PUBLICTHE SAFETYMEDICAL MAYDIRECTOR. COMMENCE ANY NOTIFICATION PROCESS UNDER SECTION 13-3825.
D.THE MEDICAL DIRECTOR SHALL GIVE ANNUAL WRITTEN NOTICE TO THE COMMITTED DEFENDANT OF THE COMMITTED DEFENDANT'S RIGHT TO PETITION THE COURT FOR DISCHARGE WITHOUT THE APPROVAL OF THE MEDICAL DIRECTOR AND PROVIDE A COPY OF THAT WRITTEN NOTICE TO THE COMMITTED DEFENDANT IN CONNECTION WITH PROCEEDINGS UNDER THIS ARTICLE.
THIS SECTION DOES NOT PROHIBIT THE COMMITTED DEFENDANT FROM ANNUALLY PETITIONING THE COURT FOR DISCHARGE WITHOUT THE APPROVAL OF THE SUPERINTENDENT OR THE DIRECTOR OF THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION.
THE DIRECTOR OF THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION SHALL GIVE ANNUAL WRITTEN NOTICE TO THE COMMITTED DEFENDANT OF THE COMMITTED DEFENDANT'S RIGHT TO PETITION THE COURT FOR DISCHARGE WITHOUT THE APPROVAL OF THE SUPERINTENDENT OR DIRECTOR AND PROVIDE A COPY OF THAT WRITTEN NOTICE TO ANY ATTORNEY WHO REPRESENTS THE COMMITTED DEFENDANT IN CONNECTION WITH PROCEEDINGS UNDER THIS ARTICLE.
THE MEDICAL DIRECTOR SHALL SUBMIT THE NOTICE AND WAIVER TO THE COURT WITH THE ANNUAL EXAMINATION REPORT.
E.- 17 - S.B.
THE1310 SUPERINTENDENTD. OF THE ARIZONA STATE HOSPITAL SHALL ANNUALLY REPORT THE FOLLOWING INFORMATION FOR THE PREVIOUS YEAR TO THE ARIZONA CRIMINAL JUSTICE COMMISSION:
THE MEDICAL DIRECTOR OF EACH SECURE STATE MENTAL HEALTH FACILITY SHALL ANNUALLY REPORT THE FOLLOWING INFORMATION FOR THE PREVIOUS YEAR TO THE ARIZONA CRIMINAL JUSTICE COMMISSION:
THE NUMBER OF COMMITTED DEFENDANTS WHO ARE UNDER THE JURISDICTION OF THE ARIZONAMEDICAL STATEDIRECTOR HOSPITAL BECAUSE THE INDIVIDUAL IS DANGEROUS, INCOMPETENT AND NONRESTORABLE.
-2. 16 - S.B.
1310 2.
A COMMITTED DEFENDANT MAY NOT BE TRANSPORTED FROM A LICENSEDSECURE FACILITYSTATE UNDERMENTAL THEHEALTH SUPERVISIONFACILITY, OF THE SUPERINTENDENT, EXCEPT THAT A COMMITTED DEFENDANT MAY BE TRANSPORTED TO COURT FOR ANY OF THE FOLLOWING REASONS:
SUBSECTION A OF THIS SECTION DOES NOT PRECLUDE ANY PROCEEDING FROM BEING HELD ON THE GROUNDS OF THE A SECURE STATE HOSPITALMENTAL HEALTH FACILITY OR FROM USING A TELEPHONIC CONFERENCE OR AN INTERACTIVE AUDIOVISUAL DEVICE.
THE RULES MAY INCLUDE PROVISIONS THAT ALLOW FOR PROCEEDINGS TO BE HELD ON THE GROUNDS OF THEA ARIZONASECURE STATE HOSPITALMENTAL HEALTH FACILITY OR FOR THE USE OF A TELEPHONIC CONFERENCE OR AN INTERACTIVE AUDIOVISUAL DEVICE.
THE ARIZONAMEDICAL HEALTHDIRECTOR CARE COST CONTAINMENT SYSTEM ADMINISTRATION IS RESPONSIBLE FOR TRANSPORTING A COMMITTED DEFENDANT TO AND FROM A MEDICAL FACILITY.
THE ADMINISTRATIONMEDICAL DIRECTOR SHALL DETERMINE THE APPROPRIATE MODE OF TRANSPORTATION AND LEVEL OF SECURITY AND RESTRAINT FOR THE TRANSPORTATION NEEDS OF THE COMMITTED DEFENDANT.
IN DETERMINING THE APPROPRIATE MODE OF TRANSPORTATION AND LEVEL OF SECURITY AND RESTRAINT, THE ADMINISTRATIONMEDICAL DIRECTOR SHALL CONSIDER THE SAFETY OF THE PUBLIC, THE TRANSPORTING PERSONNEL AND THE DETAINED OR COMMITTED DEFENDANT.
THE ARIZONAMEDICAL HEALTHDIRECTOR CARE COST CONTAINMENT SYSTEM ADMINISTRATION AND ANY COUNTY SHERIFF ARE IMMUNE FROM LIABILITY FOR ANY GOOD FAITH ACTS UNDER THIS SECTION.
36-4011.- 18 - S.B.
Findings1310 A36-4011. FINDING MADE BY THE COURT PURSUANT TO THIS ARTICLE IS INADMISSIBLE IN ANY PROCEEDING OTHER THAN A PROCEEDING UNDER THIS ARTICLE OR UNDER TITLE 13, CHAPTER 41.
Findings A FINDING MADE BY THE COURT PURSUANT TO THIS ARTICLE IS INADMISSIBLE IN ANY PROCEEDING OTHER THAN A PROCEEDING UNDER THIS ARTICLE, UNDER TITLE 13, CHAPTER 41 OR UNDER CHAPTER 5 OF THIS TITLE.
10..
Fingerprint or biometric identification authority;
criminal justice agencies;
delayed repeal A.
Notwithstanding any other law, if requested by a hospital that is licensed pursuant to title 36, chapter 4, Arizona Revised Statutes, a criminal justice agency, as defined in section 41-1750, Arizona Revised Statutes, shall assist the hospital in determining the identity of an unidentified patient who is either incapacitated or deceased through an analysis of the patient's fingerprints or biometric identification techniques.
The hospital or another person may fingerprint or obtain the biometric information from the unidentified patient and provide the fingerprints or biometric information to the criminal justice agency without the patient's consent or authorization.
The criminal justice agency shall provide the name of the unidentified patient to the hospital but may not provide any of the patient's criminal history record.
The requesting hospital is responsible for the cost of fingerprinting or obtaining the biometric information from the patient and shall pay the fee that is established pursuant to section 41-1750, subsection J, Arizona Revised Statutes.
B.
This section is repealed from and after December 31, 2023.
Sec.
11.
Effective date The following are effective from and after December 31, 2023:
1.
Section 13-712, Arizona Revised Statutes, as amended by this act.
2.
Section 13-4501, Arizona Revised Statutes, as amended by this act.
3.
Section 13-4508, Arizona Revised Statutes, as amended by this act.
4.
Section 13-4509, Arizona Revised Statutes, as amended by this act.
5.
Section 13-4515, Arizona Revised Statutes, as amended by this act.
6.
Section 13-4517, Arizona Revised Statutes, as amended by this act.
7.
Section 13-4521, Arizona Revised Statutes, as added by this act.
8.
Section 36-425.06, Arizona Revised Statutes, as amended by this act.
RetroactivityTitle This36, actchapter applies40, retroactivelyArizona toRevised fromStatutes, andas afteradded Decemberby 31,this 2021.act.
- 1719 - S.B.
1310 APPROVED BY THE GOVERNOR JULY 6, 2022.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JULY 6, 2022.
- 20 -
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View plain text versions (6)
- Chaptered Chaptered Version Current pdf
- Engrossed Senate Engrossed Version pdf
- Engrossed House Engrossed Version pdf
- SENATE - Judiciary - Strike Everything View text pdf
- Amended HOUSE - Floor Amend to Bill - Blackman - passed pdf
- Introduced Introduced Version pdf
Action History
-
Signed by Governor
-
Transmit to Governor
-
PASSED
-
PASSED
-
Transmit to Senate
-
PASSED
-
DPA
-
DP
-
House Second Reading
-
House First Reading.
-
Transmit to House
-
PASSED
-
DPA
-
W/D
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DPA/SE
-
Senate Second Reading
-
Senate First Reading
Sponsors
- Nancy Barto · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 92 not signed on · 12 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (92)
92 members have not signed on to this bill.
Show all 92 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 35 | 0 | 0 | 2 |
| Republican | 17 | 0 | 0 | 0 |
| Democrat | 6 | 0 | 0 | 0 |
| Total | 58 | 0 | 0 | 2 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (60)
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 0 | 5 | 0 | 0 |
| Unaffiliated | 10 | 7 | 0 | 1 |
| Republican | 7 | 0 | 0 | 0 |
| Total | 17 | 12 | 0 | 1 |
| % of votes cast | 57% | 40% | 0% | 3% |
How each member voted (30)
| Member | Party | Vote |
|---|---|---|
| Christine Marsh | — | Nay |
| Juan Mendez | — | Not Voting |
| Karen Fann | — | Yea |
| Kelly Townsend | — | Yea |
| Lisa Otondo | — | Nay |
| Martin Quezada | — | Nay |
| Michelle B. Ugenti-Rita | — | Yea |
| Nancy Barto | — | Yea |
| Paul Boyer | — | Yea |
| Raquel Terán | — | Nay |
| Rebecca Rios | — | Nay |
| Rick Gray | — | Yea |
| Rosanna Gabaldon | — | Nay |
| Sean Bowie | — | Yea |
| Sine Kerr | — | Yea |
| Sonny Borrelli | — | Yea |
| Tyler Pace | — | Yea |
| Victoria Steele | — | Nay |
| Lela Alston | Democrat | Nay |
| Lupe Contreras | Democrat | Nay |
| Sally Ann Gonzales | Democrat | Nay |
| Stephanie Stahl Hamilton | Democrat | Nay |
| Theresa Hatathlie | Democrat | Nay |
| David Gowan | Republican | Yea |
| David Livingston | Republican | Yea |
| J.D. Mesnard | Republican | Yea |
| Thomas "T.J." Shope | Republican | Yea |
| Venden "Vince" Leach | Republican | Yea |
| Warren Petersen | Republican | Yea |
| Wendy Rogers | Republican | Yea |
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors SB 1310?
- SB 1310 is sponsored by Nancy Barto.
- What is the current status of SB 1310?
- This bill has been enacted into law. Introduced January 24, 2022. Enacted.
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