Page 2, between lines 23 and 24, insert:
"Sec. 2. Section 13-4503, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-4503. Request for competency examination; request for sexually
violent person screening
A. At any time after the prosecutor charges a
criminal offense by complaint, information or indictment, any party or the
court on its own motion may request in writing that the defendant be examined
to determine the defendant's competency to stand trial, to enter a plea or to
assist the defendant's attorney. The motion shall state the facts on
which the mental examination is sought.
B. Within three working days after a motion is filed
pursuant to this section, the parties shall provide all available medical and
criminal history records to the court.
C. The court may request that a mental health expert
assist the court in determining if reasonable grounds exist for examining a
defendant.
D. Once
any court determines that reasonable grounds exist for further competency
proceedings, the superior court shall have exclusive jurisdiction over all
competency hearings.
E. If the
defendant is charged with a sexually violent offense as defined in section 36‑3701
and the county attorney requests a screening, the court may order a screening
of the defendant to determine if the defendant is a sexually violent person.END_STATUTE"
Renumber to conform
Page 3, line 6, after "the" strike remainder of
line
Strike line 7
Line 8, strike "order" insert "court has ordered"
Line 9, strike the period insert
a comma
Page 4, line 22, after "13‑4518" insert "or eligible for court ordered treatment
pursuant to title 36, chapter 5"
Page 5, line 26, after "dangerous" insert "or a sexually violent person"
Page 8, line 2, strike "other"
Line 3, strike "consistent
with" insert "pursuant
to subsection A, paragraph 2 or 3 of"
Line 17, strike "determination
on" insert "evaluation
to determine"
Line 23, after "committed"
insert "the acts that constitute"
Page 15, line 8, strike "elected"
Line 9, strike "the
appointed"
Page 16, strike lines 12 through 32
Strike page 17
Page 18, strike lines 1 through 14
Renumber to conform
Page 20, line 29, strike "and the prosecutor provides the criminal history"
Page 22, line 3, after "delivered" insert "to the evaluation agency"
Page 28, line 21, strike "shall" insert "may"
Page 36, line 8, strike "B" insert "C"
Line 11, strike "H" insert "I"
Line 20, strike "five ten" insert
"five"
Page 38, between lines 22 and 23, insert:
"A. A
patient who is found to have a grave disability or a persistent or acute
disability and ordered to undergo treatment pursuant to this article may be
released from inpatient treatment when, in the opinion of the medical director
of the mental health treatment agency, the level of care offered by the agency
is no longer required. The patient may agree to continue treatment
voluntarily. If the patient is to be released, the medical director
shall arrange for an appropriate alternative placement. If the
patient who is to be released from inpatient treatment is under a guardianship,
the medical director of the mental health treatment agency shall notify the
guardian and any relevant regional behavioral health authority ten days before
the intended release date that the patient no longer requires the level of care
that is offered by the agency. The guardian and, if relevant, the regional
behavioral health authority shall arrange alternative placement with the advice
and recommendations of the medical director of the mental health treatment
agency."
Reletter to conform
Page 39, line 13, after "If" strike remainder of line
Line 14, strike "physical injury or a violation of title
13, chapter 14 are dismissed" insert "the patient is undergoing court ordered treatment as the
result of a petition filed by a prosecuting agency"
Line 22, strike "E" insert "F"
Line 26, strike "F" insert "G"
Page 40, lines 15 and 21, strike "G" insert "H"
Page 41, line 13, strike "G" insert "H"
Line 22, strike "H" insert "I"
Page 42, between lines 2 and 3, insert:
"Sec. 19. Section 36-542, Arizona Revised
Statutes, is amended to read:
START_STATUTE36-542. Discharge of patient at expiration of period ordered by
court; change to voluntary status; relief from civil liability
A. A patient ordered by a court to undergo treatment
pursuant to this article shall be discharged from treatment at the expiration
of the period of treatment ordered unless one of the following occurs:
1. The person accepts voluntary treatment at the
mental health treatment agency.
2. Before the discharge date, a new petition is
filed in the county in which the patient is being treated. The
proceedings shall then be governed by this article. The costs of the
proceedings shall be a charge against the county in which the patient resided
or was found prior to hospitalization.
3. An
application for continued court ordered treatment is granted pursuant to
section 36‑543.
B. If a patient to be discharged is under guardianship,
the medical director of the mental health treatment agency shall notify the
guardian ten days before discharge.
C. If a
patient to be discharged is undergoing court ordered treatment as a result of a
petition filed by a prosecutor pursuant to section 13‑4517 and the
patient is being discharged because the medical director has decided not to
file a new petition for court ordered evaluation or treatment or has decided
not to request the court to order that the previous order for treatment be
continued, the patient may not be discharged or released from treatment before
the patient complies with the provisions of section 36‑541.01.
C. D. The
medical director is not civilly liable for any acts committed by a released or discharged patient
if the medical director has in good faith followed the requirements of this
article." END_STATUTE
Renumber to conform
Page 42, line 4, strike "Release from treatment"
insert "Annual review"
Line 6, strike "annual review;"
Strike lines 8 through 30
Page 43, strike lines 1 through 3
Reletter to conform
Page 46, line 1, strike "E" insert "B"
Line 27, strike "G" insert "D"
Page 47, line 4, strike "G" insert "D"
Between lines 12 and 13, insert:
"H. The
medical director of the mental health treatment agency is not civilly liable
for any acts committed by the released patient if the medical director has in
good faith complied with the requirements of this article."
Page 49, line 17, after "placement" insert "or residence"
Page 54, line 25, strike the second "that" insert "the report shall state whether"
Page 55, lines 20 and 21, strike "the defendant is taking" insert "of the habilitation or treatment that the
patient is receiving, including the taking of"
Line 22, after "alternative"
insert "pursuant to sections 36‑4005
and 36‑4006"
Page 57, lines 16 and 19, strike "is persuaded" insert "finds"
Page 63, line 30, after "dangerous" insert "or that the defendant is currently competent to stand trial"
Amend title to conform
Bill
Number: S.B. 1412