Who sponsors SB 1604?

SB 1604 is sponsored by Matt Gress (Republican), Leo Biasiucci (Republican), Carine Werner (Republican), Janae Shamp (Republican), Wendy Rogers (Republican), Kevin Payne (Republican), John Kavanagh (Republican), David Gowan (Republican), Brian Fernandez (Democrat), David C. Farnsworth (Republican), Timothy "Tim" Dunn (Republican), and Hildy Angius (Republican).

Where can I track SB 1604?

Track SB 1604 free on One Click Politics — get push/email alerts when it moves.

Arizona 57th Legislature - First Regular Session Status: Enacted Bipartisan · 11 R · 1 D cosponsors

SB 1604 — licensed secure facility; incompetent defendants

Last action May 02, 2025 — 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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Enacted

This bill has been enacted into law. Introduced February 10, 2025. Enacted.

Signed by Governor Katie Hobbs (Democratic) on May 02, 2025.

Odds of enactment

High chance

Based 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

Likely to advance 82% · high confidence

Enacted

Current position in the legislative process.
12 sponsors

1 primary, 11 co-sponsors signed on.
Bipartisan support

Sponsored across 2 parties (11 R · 1 D) — cross-party backing.
Mixed recorded votes

3 passed, 3 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

38 added · 172 removed

Plain-language change summary

The amendments to Bill SB 1604 clarify the rules for secure behavioral health residential facilities in Arizona. The key change specifies that a facility cannot treat both types of court-committed patients and must strictly limit its services to those who are committed under specific court orders. This change is significant because it aims to enhance the safety and quality of care provided, ensuring that patients receive appropriate treatment based on their individual legal commitments.

~~Senate~~House Engrossed Senate Bill licensed secure facility;

defendants) State of Arizona Senate Fifty-seventh Legislature First Regular Session CHAPTER 113 SENATE BILL 1604 AN ACT AMENDING ~~SECTIONS~~SECTION ~~13-712,~~ ~~13-4521~~ ~~AND~~ 36-425.06, ARIZONA REVISED STATUTES;

~~Section 13-712, Arizona Revised Statutes, is amended to read:~~

~~13-712.~~

~~Calculation of terms of imprisonment A.~~

~~A sentence of imprisonment commences when sentence is imposed if the defendant is in custody or surrenders into custody at that time.~~

~~Otherwise it commences when the defendant becomes actually in custody.~~

All time actually spent in custody pursuant to an offense until the prisoner is sentenced to imprisonment for such offense shall be credited against the term of imprisonment otherwise provided for by this chapter.

A person who is found competent to stand trial after an involuntary commitment pursuant to section 13-4521 shall receive credit for all time that the person spent under the jurisdiction of the secure state mental health facility OR A LICENSED SECURE HEALTH FACILITY against a term of imprisonment for any of the charges that were the basis for the involuntary commitment.

If a sentence of imprisonment is vacated and a new sentence is imposed on the defendant for the same offense, the new sentence is calculated as if it had commenced at the time the vacated sentence was imposed, and all time served under the vacated sentence shall be credited against the new sentence.

~~If a person serving a sentence of imprisonment escapes from custody, the escape interrupts the sentence.~~

~~The interruption continues until the person is apprehended and confined for the escape or is confined and subject to a detainer for the escape.~~

Time spent in actual custody before return under this subsection shall be credited against the term authorized by law if custody rested on an arrest or surrender for the escape itself, or if the custody arose from an arrest on another charge which culminated in a dismissal or an acquittal, and the person was denied admission to bail pending disposition of that charge because of a warrant lodged against such person arising from the escape.

The sentencing court shall include the time of commencement of sentence under subsection A of this section and the computation of time credited against sentence under subsection B, C or D of this section in the original or an amended commitment order, under procedures established by rule of court.

~~Sec.~~

~~Section 13-4521, Arizona Revised Statutes, is amended to read:~~

~~13-4521.~~

~~Dangerous and incompetent defendants;~~

~~proof evident hearing;~~

~~commitment trial;~~

~~disposition;~~

~~findings;~~

~~annual report A.~~

If a court enters an order pursuant to section 13-4517, subsection A, paragraph 4, the court shall hold a hearing within ten days after the order is issued to determine if the proof is evident or the presumption great that the defendant committed the act that constitutes a serious offense as defined in section 13-706.

~~If the court does not find - 1 - S.B.~~

~~1604 the proof is evident or the presumption great that the defendant committed the act, the court shall proceed pursuant to section 13-4517, subsection A, paragraph 1, 2 or 3.~~

If the court does find the proof is evident or the presumption great pursuant to subsection A of this section, the court shall hold a trial within one hundred twenty days after the court issued the order pursuant to section 13-4517, subsection A, paragraph 4 to determine if the defendant is dangerous and should be involuntarily committed.

~~Unless the state or defendant requests a jury trial, a trial held pursuant to this subsection shall be before the court.~~

The Arizona rules of evidence and the Arizona rules of civil procedure apply to proceedings held pursuant to this section, except that the court may consider evidence that is not admissible under the Arizona rules of evidence when making a determination pursuant to subsection A of this section.

If there has not been a previous evaluation to determine whether the defendant is dangerous, the defendant shall be examined by mental health experts in accordance with the requirements of section 13-4509, subsection D to determine if the defendant should 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.~~

Show all 81 changed lines (41 more)

~~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.

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 OR, IF THE COURT DETERMINES THAT COMMITMENT TO A SECURE STATE MENTAL HEALTH FACILITY IS NOT FEASIBLE, TO THE CUSTODY OF THE DEPARTMENT OF HEALTH SERVICES FOR PLACEMENT IN A LICENSED SECURE HEALTH FACILITY.

~~The defendant shall receive education, care, supervision and treatment to render the defendant either competent or nondangerous.~~

~~If the court issues a commitment order pursuant to this section:~~

~~All further proceedings for the defendant's continued treatment and the circumstances under which the defendant may be released shall be conducted pursuant to title 36, chapter 40.~~

The order shall require that the defendant remain committed to a secure state mental health facility OR, IF ORDERED BY THE COURT PURSUANT TO SUBSECTION F OF THIS SECTION, TO A LICENSED SECURE HEALTH FACILITY until any of the following occurs:

~~(a) The court finds that the defendant is competent to stand trial.~~

~~- 2 - S.B.~~

~~1604 (b) The court finds that the defendant is no longer dangerous.~~

A commitment order issued pursuant to this section may not be in effect for more than the presumptive sentence the defendant could 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 court shall consider all time a defendant has been in custody, including pretrial detention and custody under title 36.~~

~~The court shall retain jurisdiction over a defendant who is committed pursuant to this section until the court discharges the defendant from treatment.~~

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 OR THE LICENSED SECURE 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.

A person who is involuntarily committed to a secure state mental health facility OR A LICENSED SECURE HEALTH FACILITY pursuant to this section shall receive credit for all time spent under the jurisdiction of the secure state mental health facility OR THE LICENSED SECURE 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.

~~The court shall annually report the following information for the previous year to the Arizona criminal justice commission:~~

~~The number of court orders for a trial pursuant to section 13-4517, subsection A, paragraph 4, including the number of jury trials that were held.~~

~~The number of defendants who are committed after a trial pursuant to this section.~~

~~The number of committed defendants who are conditionally released to a less restrictive alternative.~~

~~The number of committed defendants who are restored to competency or determined to not be dangerous and who are discharged.~~

~~- 3 - S.B.~~

~~1604 Sec.~~

-APPROVED 4BY -THE GOVERNOR MAY 2, 2025.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 2, 2025.

- 1 -

Latest

~~Senate~~ Engrossed licensed secure facility;

House Engrossed Senate Bill licensed secure facility;

defendants) State of Arizona Senate Fifty-seventh Legislature First Regular Session SENATE BILL 1604 AN ACT AMENDING ~~SECTIONS~~ ~~13-712,~~ ~~13-4521~~ ~~AND~~ 36-425.06, ARIZONA REVISED STATUTES;

defendants) State of Arizona Senate Fifty-seventh Legislature First Regular Session CHAPTER 113 SENATE BILL 1604 AN ACT AMENDING SECTION 36-425.06, ARIZONA REVISED STATUTES;