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REFERENCE TITLE: deferred prosecution; serious mental illness |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HB 2306 |
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Introduced by Representative Farnsworth E
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AN ACT
amending section 11‑362, Arizona Revised Statutes; relating to deferred prosecution programs.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-362, Arizona Revised Statutes, is amended to read:
11-362. Deferred prosecution program; administration; guidelines; records; reports; technical assistance; special consideration for persons with serious mental illness
A. The program, as defined in section 11‑361, shall be administered by the county attorney of each participating county according to guidelines established by the Arizona prosecuting attorneys' advisory council. The Arizona prosecuting attorneys' advisory council shall modify the guidelines, as necessary, to conform to any changes that are made to a statute that authorizes the program.
B. The county attorney of any county that has established a program shall:
1. Establish and maintain statistical records pertaining to the program including:
(a) The number of persons who were enrolled in deferred prosecution programs during the previous fiscal year.
(b) The number of persons who successfully completed deferred prosecution programs during the previous fiscal year.
(c) If available, the number of persons who were enrolled in deferred prosecution programs during the previous fiscal year and who were subsequently convicted of a new felony offense.
2. Annually submit an evaluation of the program to the president of the senate, the speaker of the house of representatives and the joint legislative budget committee.
C. On request of a county attorney, the Arizona prosecuting attorneys' advisory council may provide technical assistance to the county attorney to develop or refine the county attorney's deferred prosecution program.
D. When placing persons into a deferred prosecution program, the county attorney may give special consideration to a person who has a diagnosis of serious mental illness and whose condition can be ameliorated by community based and supervised behavioral health treatment. The county attorney shall use an evidence-based risk assessment to determine if the person's participation in a deferred prosecution program can occur without endangering public safety and the appropriate conditions of supervision in the community.
E. Beginning in fiscal year 2017-2018, the county attorney of any county may implement a pretrial deferred prosecution program for persons who have serious mental illness.