Bill
Number: S.B. 1412
Driggs Floor Amendment
Reference to: JUDICIARY Committee amendment
Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
1. Permits the court to open incompetency examination reports in an additional circumstance.
2. Requires an incompetency report to state the nature of the disorder or disease that makes the defendant likely to be a sexually violent person.
3. Permits, instead of requires, the court to order the medical director to provide notice to the court of noncompliance with a treatment order.
4. Outlines requirements for the medical director, the guardian or the Regional Behavioral Health Authority when a patient to be released from inpatient treatment is under guardianship.
5. Modifies the circumstances in which the medical director must notify the court and prosecuting agency of the expiration or termination of a civil commitment order.
6. Eliminates the ability of the court to enter orders as outlined regarding a patient’s release.
7. Exempts the medical director of a mental health treatment agency from civil liability under specified circumstances.
Second Regular Session S.B. 1412
DRIGGS FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1412
(Reference to JUDICIARY Committee amendment)
Page 2, between lines 23 and 24, insert:
"Sec. 2. Section 13-4503, Arizona Revised Statutes, is amended to read:
13-4503. 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. "
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:
36-542. 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."
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