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REFERENCE TITLE: prearrest deflection
program; procedures |
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State of
Arizona House of
Representatives Fifty-fourth
Legislature Second Regular
Session 2020 |
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HB 2638 |
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Introduced by Representatives Blackman: Bolick |
AN ACT
amending title
13, chapter 38, Arizona Revised Statutes, by adding article 15; relating to
prearrest services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 38, Arizona Revised Statutes, is amended by adding article 15, to read:
ARTICLE 15. PREARREST DEFLECTION PROGRAM
13-4001. Prearrest deflection program;
providers; information sharing; immunity
A. A county, city, town or other
political subdivision of this state or a law enforcement agency may establish a
prearrest deflection program within a law enforcement agency that partners with
at least one of the following entities:
1. A treatment provider.
2. A case management provider.
3. A community member.
4. Organizations or other key
stakeholders, as advisable, to carry out the program.
B. The Prearrest deflection program
must include at least one of the following:
1. A post‑overdose deflection
response.
2. A self‑referral deflection
response.
3. An active outreach deflection
response.
4. An officer prevention deflection
response.
5. An office intervention deflection
response.
C. The law enforcement agency,
treatment providers, case management providers and community members or
organizations may establish a local deflection program plan that includes
protocols and procedures for identifying participants, screening and, if needed
based on the screening, assessing, treatment facilitating, reporting and
ongoing monitoring of the program participants, including which partners will
perform these functions.
d. Whenever appropriate and
available, a licensed provider or other appropriate provider shall provide a
participant's case management and the participant's case management may include
recovery support services.
E. In order to promote successful
treatment and recovery outcomes, treatment providers and case management
providers shall share information with the other entities that are
participating in the prearrest deflection program. All entities must
comply with applicable privacy and confidentiality laws and regulations for
information exchange or release, including all of the following:
1. The health insurance portability
and accountability act of 1996 (P.L. 104-191; 110 Stat. 1936).
2. 45 Code of Federal Regulations
parts 160 and 164.
3. Federal confidentiality laws and
regulations under 42 United States Code section 290dd-2
and 42 Code of Federal Regulations part 2.
4. Any relevant law that is related
to the privacy, confidentiality and disclosure of protected health information,
including protected information concerning substance use and mental health
disorders.
5. Any policies or regulations of the
single state authority on drugs and alcohol and state mental health agency
governing the care and protection of client information.
F. A law enforcement agency, peace
officer, treatment provider, case management provider or community member or
organization that is acting in good faith is not liable for civil damages for
acts or omissions in providing services unless the acts or omissions constitute
wilful and wanton misconduct.
G. This section does not preclude a
law enforcement agency from developing a deflection program response that is
based on a model that is unique and responsive to local issues, substance use
or mental health disorder needs and partnerships, using sound and promising or
evidence‑based practices.