REFERENCE TITLE: dangerous; incompetent defendants; study committee

 

 

 

State of Arizona

Senate

Fifty-third Legislature

First Regular Session

2017

 

 

SB 1031

 

Introduced by

Senators Barto: Borrelli

 

 

AN ACT

 

establishing a study committee on incompetent, nonrestorable and dangerous defendants.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Study committee on incompetent, nonrestorable and dangerous defendants; membership; powers and duties; report; delayed repeal

A.  The study committee on incompetent, nonrestorable and dangerous defendants is established consisting of the following members:

1.  One member of the senate who is appointed by the president of the senate and who serves as cochairperson of the committee.

2.  One member of the house of representatives who is appointed by the speaker of the house of representatives and who serves as cochairperson of the committee.

3.  The director of the department of health services or the director's designee.

4.  The chief executive officer of the Arizona state hospital or the chief executive officer's designee.

5.  The director of the Arizona health care cost containment system or the director's designee.

6.  Two county attorneys, or the applicable county attorney's designee, one of whom is from a county with a population of one million two hundred thousand persons or more and one of whom is from a county with a population of less than one million two hundred thousand persons.  The Arizona prosecuting attorneys' advisory council shall appoint these members.

7.  The chief justice of the supreme court or the chief justice's designee.

8.  An administrator of a jail‑based restoration to competency program from a county that is not represented by a member appointed pursuant to paragraph 6 of this subsection, or the administrator's designee.  The governor shall appoint this member.

9.  A private attorney who has experience in behavioral health law. The president of the senate shall appoint this member.

10.  A psychiatrist or psychologist who is licensed pursuant to title 32, Arizona Revised Statutes, and who has experience with court‑ordered evaluation and treatment.  The speaker of the house of representatives shall appoint this member.

11.  An administrator of an in‑patient psychiatric facility or the administrator's designee.  The president of the senate shall appoint this member.

12.  A peace officer who has experience with behavioral health programs.  The speaker of the house of representatives shall appoint this member.

13.  One member who has experience in health policy.  The governor shall appoint this member.

14.  One member who has experience in policy related to services for persons with developmental disabilities.  The governor shall appoint this member.

B.  The committee shall research and make recommendations for a program to provide short‑term and long‑term treatment and supervision of persons who have been charged with crimes involving violent or dangerous behavior and who have been found incompetent and nonrestorable pursuant to title 13, chapter 41, Arizona Revised Statutes, including:

1.  The legal and administrative framework of such a program.

2.  The number of people who might be eligible for such a program.

3.  The types of facilities, staffing and treatment services that would be necessary for such a program.

4.  The costs associated with the establishment, administration and staffing of such a program.

5.  A review of other state's programs that deal with the population of incompetent, nonrestorable and dangerous defendants.

6.  Arizona specific solutions that are based on the review of programs included in paragraph 5 of this subsection.

C.  The committee may request information, data and reports from any state agency or political subdivision of this state, including the courts.  The state agencies and political subdivisions shall provide the information electronically, if possible.

D.  The committee may hold hearings, conduct fact‑finding tours and take testimony from witnesses, including participants in the criminal justice system, who may assist the committee in fulfilling the committee's responsibilities.  All of the committee's hearings shall be open to the public.

E.  The legislature shall provide staff and support services to the committee.

F.  Committee members are not eligible to receive compensation.

G.  The committee shall submit a report regarding the committee's findings and recommendations on or before December 31, 2017 to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state.

H.  This section is repealed from and after June 30, 2018.