PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1098
(Reference to Senate engrossed bill)
Page 1, strike lines 2 through 42
Page 2, strike lines 1 through 12, insert:
"Section 1. Title 36, chapter 4, article 2, Arizona Revised Statutes, is amended by adding section 36-425.05, to read:
36-425.05. Behavioral health residential facilities; license; definition
A. The department of health services shall license a behavioral health residential facility to provide in-house wraparound services and secure twenty-four hour on-site support treatment and supervision by staff with behavioral health training for persons who have chronic serious mental illness if the residents of the facility are placed in the facility pursuant to either of the following:
1. A court order that is issued pursuant to chapter 5 of this title and the court has approved a treatment plan that specifies this level of care, that the placement is the least restrictive environment to ensure the patient's compliance with the treatment plan and that the appropriateness of the placement is subject to periodic review.
2. An authorization of the court pursuant to section 14-5312.02 for placement by a guardian of a ward into the facility and the appropriateness of the placement is subject to periodic review.
B. In determining whether a person has a chronic serious mental illness, the court shall determine that the person has a serious mental illness if despite having had treatment offered, prescribed, recommended or ordered to improve the patient's condition or to prevent a relapse or harmful deterioration of the patient's condition, the patient has demonstrated a continuing unwillingness or inability to participate in or adhere to treatment. The court shall also consider the following:
1. Evidence that the patient's understanding of the need for treatment is impaired to the point that the patient is unlikely to voluntarily participate in or adhere to ordered treatment.
2. Evidence that within the twenty-four months before the issuance of an order, excluding any time the patient was hospitalized or incarcerated during this period, the patient's nonparticipation in or nonadherence to treatment offered or recommended to the patient has been a factor in:
(a) The patient being taken to a hospital emergency room, a psychiatric hospital or a crisis center for evaluation, stabilization or treatment at least two times during that time period.
(b) The patient being arrested, charged with a crime or detained in a jail or detention center at least two times during that time period.
(c) The patient committing one or more acts, attempts or threats of committing acts of serious physical harm on the patient or on others.
(d) Any combination of the events or acts set forth in subdivision (a), (b) or (c) of this paragraph at least two times during that time period.
C. For the purposes of this section, "secure" means a residential facility that provides a perimeter that limits patient egress consistent with the terms of a court order."
Renumber to conform
Page 2, line 16, after "grants" insert "for capital projects and"; strike "of"
Lines 31 and 32, after "for" insert "capital projects grants and"
Line 33, after "Award" insert "capital projects grants and"
Line 34, after "for" strike remainder of line
Strike lines 35 through 45
Page 3, strike lines 1 through 5, insert "capital projects, housing, rental assistance and services for homeless youth and families, persons who are chronically seriously mentally ill and homeless persons who have been discharged from a hospital, a psychiatric urgent care center or a behavioral health residential facility."
Page 3, line 7, after the first "of" insert "capital projects grants and"
Between lines 10 and 11, insert:
"D. Before the advisory board establishes criteria for capital projects grants and housing assistance grants, the advisory board shall:
1. Post the proposed criteria and application process on the Arizona department of housing's website.
2. Provide thirty days for public comment on the proposed criteria and application process.
3. Hold at least one public hearing on the proposed criteria and application process.
E. The Arizona department of housing shall provide administrative assistance to the advisory board."
Reletter to conform
Strike lines 14 through 44
Renumber to conform
Amend title to conform