ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

 

HB 2320: psychiatric security review board; hearings

Sponsor:  Representative Barto, LD 15

Committee on Judiciary

Overview

Rewrites existing statutes relating to Arizona Psychiatric Security Review Board (PSRB) and adds additional statutory framework for the PSRB.

History

The PSRB was established in 1994 to maintain jurisdiction over persons the superior court has found guilty except insane (GEI) who have caused or threatened to cause death or serious physical injury to another individual. Current law requires GEI individuals to be placed under the PSRB’s jurisdiction for the length of their presumptive sentence and to be committed to the Arizona State Hospital (ASH), which is operated by the Arizona Department of Health Services (DHS). Statute authorizes the PSRB to release any GEI person under its jurisdiction from ASH to the community if the person meets statutory release criteria (A.R.S. §13-502).

In December 2018, the Arizona Auditor General issued a Performance Audit and Sunset Review, Report 18-107, on PSRB. According to the report, the PSRB had 120 GEI persons under its jurisdiction, with 100 residing in ASH, 19 residing in the community and 1 transferred to the Arizona Department of Corrections (ADC). The PSRB is scheduled to sunset on July 1, 2020 (A.R.S. § 41-3020.11)

Provisions☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

Commitment hearing in superior court; jurisdiction; census data collection

1.    States a person who is found GEI must be committed to a secure mental health facility (SMHF) under DHS for a period of treatment. (Sec. 6)

2.    States if the person's act did not cause the death or serious physical injury of or the threat of death or serious physical injury to another person, the court must set a hearing within 75 days after the person's commitment to determine if the person is entitled to release from confinement or if the person meets the standards for civil commitment. (Sec. 6)

3.    Requires the court to notify the medical director of the SMHF, the victim and the parties of the date of the hearing. (Sec. 6)

4.    Stipulates that 14 days before the hearing, the medical director of the SMHF must submit a mental health report (MHR) to the court and the parties addressing whether the person meets the standard for and should be subject to involuntary hospitalization. (Sec. 6)

5.    Outlines that at a hearing held:

a)    If the person proves by clear and convincing evidence that the person no longer has a mental disorder or the person still has a mental disorder and is not dangerous, the court must order the person's release and the person's commitment ordered must terminate; and

b)    If the court finds that the person still has a mental disorder and may present a threat of danger to self or others, has a grave, persistent or acute disability or has a propensity to reoffend, it must order the county attorney to institute civil commitment proceedings and the person's commitment ordered must terminate. (Sec. 6)

6.    States that if the court finds that the person's act caused the death or serious physical injury of or the threat of death or serious physical injury to another person, the court must place the person under the jurisdiction of the PSRB. Requires the court to state the beginning date, length and ending date of the PSRB's jurisdiction over the person. (Sec. 6)

7.    States the length of the PSRB's jurisdiction over the person is equal to the sentence the person could have received or the presumptive sentence the person could have received. Stipulates that in making the determination, the court may not consider the sentence enhancements for prior convictions. (Sec. 6)

8.    States that if a person is found GEI, DHS must assume custody of the person within 10 days after receiving the commitment order (Sec. 6)

9.    Requires ASH to collect census data for GEI treatment programs to establish maximum capacity and the allocation formula pursuant to clinical assessment requirements. (Sec. 6)

10.  States if ASH reaches its maximum funded capacity for forensic programs, DHS may defer the admission of the person found GEI for up to an additional 20 days. (Sec. 6)

11.  Requires DHS to reimburse the county for the actual costs of each day the admission is deferred. (Sec. 6)

12.  Stipulates if DHS is not able to admit the person found GEI at the conclusion of the 20-day deferral period, DHS must notify the sentencing court, prosecutor and defense counsel. (Sec. 6)

13.  Stipulates that on receipt of this notification, the prosecutor or the person's defense counsel may request a hearing to determine the likely length of time admission will continue to be deferred and whether any other action should be taken. (Sec. 6)

14.  Directs the court to set a hearing within 10 days upon receipt of the request for hearing.      (Sec. 6)

15.  Requires the parties to provide the PSRB and the SHMF with a copy of the court's commitment order and all documents considered by the court or admitted into evidence, including all medical and MHR's. (Sec. 6)

16.  Requires the court to retain jurisdiction of all matters that are not specifically delegated to the PSRB for the duration of the PSRB's jurisdiction over the person. (Sec. 6)

Examination of defendant pleading guilty except insane; privilege inapplicability; sealed reports

17.  Specifies that on request of the court or any party, with the consent of the defendant and after a determination that a reasonable basis exists to support the GEI defense, the court must appoint a qualified expert to evaluate the defendant and provide a written report that includes:

a)    The mental status of the defendant at the time of the alleged offense; and

b)    If the expert determines that the defendant suffered from a mental disorder at the time of the alleged offense, the relationship of the mental disorder to the alleged offense. (Sec. 7)

18.  Directs the parties to provide all available medical, mental health and criminal history records to the qualified expert within 10 days after the appointment. Stipulates that on notice of the court the qualified expert may request additional records from the parties. (Sec. 7)

19.  Directs the defense attorney to nominate its own qualified expert to examine the defendant to determine the defendant's mental status at the time of the alleged offense if the defendant provides a notice of a GEI defense. (Sec. 7)

20.  Allows the state to call the same number of medical doctors and licensed psychologists who will testify on behalf of the defense. (Sec. 7)

21.  States that after a plea of guilty or after disposition of a matter where the defendant has pled GEI, the court must order all reports to be sealed. States the court may order that the reports be opened only as follows:

a)    For use by the court or defendant, or by the prosecutor if otherwise allowed by law, for further competency or sanity evaluations or in a hearing to determine whether the defendant is eligible for court-ordered treatment or is a sexually violent person;

b)    For statistical analysis;

c)    When the records are deemed necessary to assist in mental health treatment;

d)    For use by the probation department or the State Department of Corrections (ADC) if the defendant is in the custody of or is scheduled to be transferred into the custody of ADC to assess and supervise or monitor the defendant by that department;

e)    For use by a mental health treatment provider that provides treatment to the defendant or that assesses the defendant for treatment;

f)     For data gathering; or

g)    For scientific study. (Sec. 7)

22.  Provides that any statement made by the defendant during an examination that is conducted or any evidence resulting from that statement is not subject to disclosure. (Sec. 7)

Persons under the jurisdiction of PSRB; hearing; mental health report; risk assessment; conditional release; board notices and decisions

23.  Rewrites the section of statute dealing with persons under the jurisdiction of the PSRB. (Sec. 8)

24.  Clarifies that a person who is placed under the jurisdiction of the PSRB is not eligible for discharge from the PSRB's jurisdiction until the date that the PSRB's jurisdiction over the person expired as set by the committing court or the person's case is transferred back to the superior court. (Sec. 8)

25.  Clarifies if the PSRB finds that person no longer needs ongoing treatment for a mental disorder, is not dangerous and does not have a propensity to reoffend, the PSRB must order the person's transfer to the superior court for either a judicial review or placement on supervised probation for the remainder of the commitment term, or both. (Sec. 8)

26.  Specifies that PSRB's jurisdiction over the person terminates when the person is transferred to the superior court. (Sec. 8)

27.  Clarifies that if the person is sentenced and the PSRB finds that the person no longer has a mental disorder and the person is dangerous, PSRB must order the person to be transferred to the superior court for the imposition of a sentence or judicial review, or both. (Sec. 8)

28.  States a person who is conditionally released is subject to all of the following:

a)    The PSRB in conjunction with the SMHF and supervisors from the behavioral health community providers must agree on and specify the conditions of the person's release and the PSRB must monitor the person on conditional release;

b)    Before the person is conditionally released a supervised treatment plan must be in place;

c)    The PSRB may implement the person's conditional release in incremental steps beginning with supervised passes into the community for increasing lengths of time, continuing through independent passes and ending with release to live in the community. Before implementing each stage of conditional release, the PSRB must find by clear and convincing evidence that the community will be protected, and the person will be safe under the proposed supervised treatment plan;

d)    If approved by the PSRB, pass supervisors may include members of the inpatient or outpatient treatment team, other mental health treatment providers or other responsible persons who are willing to ensure that the person abides by the conditional release terms; and

e)    The SMHF must implement the PSRB's conditional release order or provide the PSRB and the parties with reasons why the SMHF did not implement the order. (Sec. 8)

29.  States that the party or treatment supervisor that is seeking a change in privileges or a change is hospitalization has the burden of proof by clear and convincing evidence. (Sec. 8) 

30.  Stipulates that all hearings conducted by the PSRB are subject to uniform administrative hearing procedures prescribed in statute, unless otherwise. (Sec. 8)

31.  Stipulates a party or treatment supervisor must submit a request for a hearing to the PSRB at least 45 days before the requested hearing date and must include the reasons for the request. (Sec. 8)

32.  Requires the requesting party to provide the PSRB, treatment supervisor and all other parties with a copy of the hearing request. (Sec. 8)

33.  States the PSRB must provide written notice of the hearing or a denied request for a hearing to all parties and the person's treatment supervisor within seven days after receiving a request for the hearing. The PSRB may include the following in the notice:

a)    A request for an order of an MHR;

b)    An updated risk assessment report;

c)    Specific records from the person's chart or from a specific member of the person's family; and

d)    May include a request for a specific person to appear and provide testimony at the hearing. (Sec. 8)

34.  Stipulates that the above-mentioned section does not prohibit the PSRB from issuing a subpoena pursuant to uniform administrative hearing procedures prescribed in statute. (Sec. 8)

35.  States the PSRB may only consider evidence, reports, documents, statements and materials that are submitted to the PSRB, treatment supervisor and the parties at least 14 days before the date of the hearing and allows the PSRB to grant a request to continue a hearing in order to comply with the above-mentioned provisions.  (Sec. 8)

36.  States the PSRB is effective on oral pronouncement and must issue a written decision to all parties, any victim and the committing court within seven days after the conclusion of the hearing. (Sec. 8)

37.  Requires the written decision to contain a summary of the evidence that the PSRB found to be credible and any evidence found to be unpersuasive, specific separately stated finding of fact and conclusions of law and information on the person's right to appeal. Sec. 8)

38.  Requires the findings of fact to include a concise and explicit statement of the underlying facts that support the findings. (Sec. 8)

39.  States that any portion of the PSRB's order that contains private identifying information about the patient, treatment supervisor or pass supervisor must be maintained in a separate confidential section and may not be disclosed to the public or to a victim. (Sec. 8)

40.  Defines private identifying information. (Sec. 8)

Psychiatric Security Review Board; members, terms; compensation; executive director

41.  Transfers and renumbers A.R.S. § 31-501 for placement in Title 13, Chapter 38, Article 14 as A.R.S. § 13-3995. (Sec. 9)

42.  Changes the PSRB's meeting requirement to conduct business from twice a month to once a month, unless the chairperson determines that there is sufficient business before the PSRB to warrant additional meetings. (Sec. 9)

43.  States a member must receive $250 for attending a PSRB meeting and $250 for PSRB meeting preparation. (Sec. 9)

44.  States the chairperson or co-chair must receive $50 for each day that the chairperson or co-chair is engaged in an activity that is substantially related to PSRB duties and that is outside of a PSRB meeting and meeting preparation. (Sec. 9)

45.  Requires the PSRB to employ an executive director and states the executive director:

a)    Serves at the pleasure of PSRB;

b)    Performs all administrative, operational and financial functions;

c)    May not engage in ex-parte communication, offer legal advice, question a witness or participate in PSRB deliberations;

d)    Is eligible to receive compensation;

e)    Is subject to state personnel system requirements prescribed in statute and may employ additional administrative personnel. (Sec. 9)

46.  Provides that the presence of three members of PSRB constitutes a quorum for the transaction of business. (Sec. 9)

Psychiatric Security Review Board; powers; duties

47.  Transfers and renumbers A.R.S. § 31-502 for placement in Title 13, Chapter 38, Article 14 as A.R.S. 13-3996. (Sec. 10)

48.  Clarifies that the PSRB must hold hearings to determine if a person committed to a SMHF is eligible for conditional release or transfer back to superior court. (Sec. 10)

49.  Clarifies that on notice from the PSRB or an application by a treatment supervisor, the PSRB must hold a hearing to determine if the conditional release should be, continued, modified, suspended or terminated. (Sec. 10)

50.  Clarifies that notice must be given to the parties and before a hearing disclose to the treatment supervisor and the parties information, documents or reports that the board will be considering. (Sec. 10)

51.  Clarifies that within seven days after the conclusion of a hearing, the PSRB must provide a written decision and, if the conditional release was granted or modified, the terms of conditional release to the treatment supervisor and the parties. (Sec. 10)

52.  Requires the chair or co-chair and the person who is under the PSRB's jurisdiction sign the terms of conditional release. (Sec. 10

53.  Stipulates the terms must contain a notice that PSRB or the outpatient treatment supervisor may order the person's return to hospitalization if the PSRB or outpatient treatment supervisor has a reasonable belief that the person has violated the terms of conditional release or the person's mental health has deteriorated. (Sec. 10)

54.  Requires at least three members voting in the affirmative to deny, grant, modify, continue, suspend or terminate a person's conditional release based on clear and convincing evidence. (Sec. 10)

55.  Requires the PSRB to request in the notice of hearing that a specific witness who is from the person's treatment team attend a hearing and specifies that if a witness is requested in the notice of hearing, the person's treatment supervisor is responsible for notifying the witness. (Sec. 10)

56.  Requires the PSRB to continue a hearing if the PSRB determines that the standard of clear and convincing evident has not been met. (Sec. 10)

57.  Requires the PSRB to receive witness testimony and deliberate in a hearing that is closed to the public. (Sec. 10)

Hearing on motion of the Psychiatric Security Review Board; expedited hearing; return to hospitalization

58.  States that the PSRB, on its own motion, may set a hearing to monitor a person's progress after giving at least 60 days' notice to the parties and the treatment supervisor. Allows the PSRB to order the person's treatment supervisor to provide an MHR to the PSRB and the parties within 30 days after providing the notice of the hearing (NOH). (Sec. 11)

59.  States that if sufficient cause exists, the PSRB may set an expedited hearing to monitor a person's progress or mental health and requires the PSRB to include in the NOH the specific reasons for the expedited hearing and attach all documents and evidence that support the need for the hearing, including any of the PSRB's concerns that need to be addressed by the parties or the treatment supervisor. (Sec. 11)

60.  Allows the PSRB to order an expedited MHR from the person's treatment supervisor. (Sec. 11)

61.  States if a person is conditionally released to the community and the PSRB receives a reliable report that the person has violated the PSRB's conditional release order or that the person's mental health has deteriorated, the chairperson or vice-chairperson may order the person's return to hospitalization. (Sec. 11)

62.  Stipulates that before ordering a person's return to hospitalization, the chair or vice-chair must consult with the treatment supervisor or the supervisor's designee to determine if rehospitalization is necessary to protect the safety of the public or the person. (Sec. 11)

63.  Allows the chair or vice-chair, with sufficient cause, to waive the requirement to consult with the treatment supervisor or supervisor's designee and issue the return order immediately. (Sec. 11)

64.  Stipulates that if the return order is issued before a consultation occurs, the chair or vice-chair must consult with the treatment supervisor or supervisor's designee as soon as possible after the order is issued and the PSRB must set a hearing. (Sec. 11)

65.  Stipulates that whether on the PSRB's motion or on motion of the person or treatment supervisor, PSRB must hold a hearing for each person under the PSRB's jurisdiction at least once every 24 months. (Sec. 11)

Hearing on request of the treatment supervisor; requirements; release terms

66.  Directs the PSRB to grant a hearing that is requested by a treatment supervisor. (Sec. 11)

67.  Directs the treatment supervisor to submit the request to the PSRB and the parties simultaneously and include an MHR that specifies the reasons for the request. (Sec. 11)

68.  States that if the treatment supervisor's recommendation to the PSRB includes a request for the addition of or changes to conditional release status, a proposed form of order must accompany the recommendation. (Sec. 11)

69.  States that if a treatment supervisor believes that the person has violated a conditional release term or that the person's mental health has deteriorated, the PSRB must grant the treatment supervisor's request for a hearing and:

a)    If the person is residing in the SHMF the treatment supervisor may suspend the person's conditional release pending the hearing and a determination by PSRB. The treatment supervisor must submit a written MHR, including the circumstances and the reasons for any proposed change to the PSRB and the parties within seven days after the request for a hearing; and

b)    If the person is conditionally released to the community, the chair or vice-chair may order the person's return to hospitalization and set a hearing. If a person is returned to hospitalization, the outpatient treatment supervisor must submit an MHR to the PSRB and the parties within three days after a request is made. The report must provide all of the information that was considered before granting the return order; and

c)    If the safety of the community or the person is not at risk, the chair or vice-chair, pending the hearing and the PSRB's determination, may allow the person to remain in the community subject to the person's conditional release terms. If a person remains in the community, the outpatient treatment supervisor must submit an MHR to the PSRB and the parties within seven days after the request is made. (Sec. 11)

70.  Stipulates that if the person is conditionally released to the community and the treatment supervisor has sufficient cause to believe that the person's mental health has deteriorated such that immediate rehospitalization is necessary to protect the safety of the public or the person, the treatment supervisor may sign an order directing the person's return to the SMHF and the person be immediately readmitted. (Sec. 11)

71.  Requires the treatment supervisor to inform the PSRB and the parties within 24 hours after the person's return and requires the PSRB to set a hearing. (Sec. 11)

72.  Requires the outpatient treatment supervisor to submit a written MHR to the PSRB and the parties within three days after the person's return and must include all of the information that was considered before ordering the person's return. (Sec. 11)

Hearing on motion of a person under the jurisdiction of the Psychiatric Security Review Board

73.  Allows a person who is under the jurisdiction of PSRB to request a hearing and PSRB must grant the hearing no sooner than 120 days after the person is committed and placed under the PSRB's jurisdiction. (Sec. 11)

74.  States that after the initial hearing or any subsequent hearing, a person may request, and the PSRB must grant a hearing not sooner than 20 months after the previous hearing. (Sec. 11)

75.  Allows the PSRB, with sufficient cause, to grant a motion for a hearing by the person who is under the jurisdiction of PSRB at any time. (Sec. 11)

76.  States if the person who is under the jurisdiction of the PSRB is requesting a change in their conditional release status, the request must include a proposed form of order and may be accompanied by an MHR. (Sec. 11)

77.  States if the person who is under the jurisdiction of PSRB is conditionally released to the community and believes that rehospitalization is necessary to protect the person's safety or the safety of the public, the person may present himself to the outpatient treatment supervisor and request that the outpatient treatment supervisor sign an order for immediate readmission to the SHMF and requires the PSRB to set a hearing. (Sec. 11)

78.  Requires the inpatient and outpatient treatment supervisors to submit an MHR to PSRB within seven days after the person is readmitted. (Sec. 11)

Return of person under board's jurisdiction to secure mental health facility; procedures

79.  States that a written order of the chair, vice-chair or treatment supervisor is sufficient for a law enforcement officer to take a person into custody and to transport the person to a SHMF. (Sec. 11)

80.  Requires a copy of the return order to be immediately provided to the parties, the PSRB and the treatment supervisor. (Sec. 11)

81.  Requires the sheriff or other peace office to execute the order and immediately notify the PSRB of the person's return to the SMHF. (Sec. 11)

82.  States that within 24 hours after a return order is issued, the entity that ordered the return must provide to the parties, the PSRB and the treatment supervisor all information and evidence that was considered when ordering the person's return. (Sec. 11)

83.  States that within seven days after returning the person to the SMHF, PSRB must hold a hearing to determine if the return was supported by sufficient cause. (Sec. 11)

84.  States that if the person's return was:

a)    Not supported by sufficient cause, the PSRB must order the person's immediate release under the previously imposed conditional release terms. The PSRB, with sufficient cause may amend conditional release terms;

b)    Supported by sufficient cause, the PSRB may amend the conditional release terms and release the person if the PSRB finds by clear and convincing evidence that the safety of the community and the person is protected by the original or the amended conditional release terms; or

c)    Supported by sufficient cause and the PSRB determines that the person needs further evaluation or treatment, the PSRB may suspend the terms of conditional release and set another hearing within 90 days and the inpatient treatment supervisor must consult with the outpatient treatment supervisor, submit an MHR to the PSRB containing a recommendation to either terminate, amend or reinstate the person's conditional release and include a proposed form of order by a date set by PSRB . (Sec. 11)

Hearing on expiration of psychiatric security review board's jurisdiction

85.  Stipulates that at least 30 days before the expiration of the PSRB's jurisdiction over a person, the PSRB must set an expiration hearing and order the treatment supervisor to provide to the PSRB and the parties a MHR. (Sec. 11)

86.  Requires the report to include an evaluation of whether the person may be a danger to self or others or persistently and acutely or gravely disabled and whether the person meets the criteria for involuntary hospitalization. (Sec. 11)

87.  States that at an expiration hearing and based on the evidence presented, the PSRB may allow the PSRB's jurisdiction to expire without further action or may order the county attorney of the committing county to begin proceedings for involuntary civil evaluation. (Sec. 11)

88.  States if the PSRB orders an involuntary civil evaluation for a person who resides in the community, the order must require the person's appearance at a specified time and location and participation in the evaluation before the expiration of the PSRB's jurisdiction. (Sec. 11)

89.  Directs the treatment supervisor to assist the person with securing transportation to the location of the evaluation. (Sec. 11)

90.  Requires the PSRB to order the sheriff of the committing county to transport the person at a specified time and location so that the person may participate in the evaluation before the expiration of the PSRB's jurisdiction over the person, if PSRB orders involuntary civil evaluation for a person who resided in a SMHF. (Sec. 11)

Transferring jurisdiction of a person from the psychiatric security review board to superior court; procedures

91.  States if the PSRB orders a person to be transferred to the superior court, the person's case must be remanded to the committing court for suspension or imposition of sentence and a judicial review of the transfer, or both. (Sec. 11)

92.  Specifies that within 20 days after the PSRB orders a person's transfer to superior court, the person may request a judicial review. (Sec. 11)

93.  Requires a petition for judicial review to be filed with the committing court and served on the PSRB, the SMHF and the state. (Sec. 11)

94.  States that at the judicial review hearing, the treatment supervisor has the burden to prove by clear and convincing evidence that the transfer is appropriate. (Sec. 11)

95.  States the issues of the review are limited to all of the following:

a)    Whether the person needs ongoing treatment for a mental disorder;

b)    Whether the person is dangerous to self or others or has a propensity to reoffend; and

c)    Whether the person's offense is eligible for commitment to ADC;

96.  Specifies that if the court finds the transfer is appropriate, the court must suspend the person's sentence and place the person on supervised probation for the remainder of the commitment term or impose the sentence and order the person to be imprisoned in ADC. (Sec. 11)

97.  Mandates that all time spent under the PSRB's jurisdiction and any time spent incarcerated must be credited against any sentence imposed. (Sec. 11)

98.  Stipulates if the court finds the transfer is not supported by the evidence, the court must transfer jurisdiction of the person back to PSRB. (Sec. 11)

99.    Stipulates that at the time of sentencing or placement on probation, the court must notify the person in writing of the person's appeal rights under Rule 31 of Arizona Rules of Criminal Procedure. (Sec. 11)

Independent expert witness; opinion evidence

100. States that before any hearing, either party may retain an independent qualified expert to evaluate the person and make recommendations to the PSRB. (Sec. 11)

101. Requires the county of the committing court to pay all costs associated with the evaluation if the person is indigent. (Sec. 11)

102. States that if the person retains a qualified expert, the qualified expert must provide to the state's expert, on request, all records considered or generated by the qualified expert.        (Sec. 11)

103. Stipulates that if the person retains a qualified expert, the person must submit to the state's evaluation, if requested, or is precluded from presenting the person's own qualified expert opinion. (Sec. 11)

104. Requires an independent qualified expert who is retained by either party provide a written report to the opposing party, the PSRB and the treatment supervisor at least 14 days before a hearing, if providing testimony. (Sec. 11)

105. Specifies that if requested, the qualified expert must be available for an interview or deposition by the opposing party. (Sec. 11)

106. States that either party may request and the PSRB, with sufficient cause, may grant a continuance for a hearing to accommodate a reasonable request to obtain a qualified expert evaluation. (Sec. 11)

107. Mandates that a hearing that is requested may not be continued at the state's request.       (Sec. 11)

108. Mandates that a hearing that is held at the expiration of the PSRB's jurisdiction may not be continued. (Sec. 11)

109. Allows PSRB, with sufficient cause, to order a mental health evaluation by an independent qualified expert. (Sec. 11)

110. Stipulates that an evaluation conducted is at the PSRB's expense. (Sec. 11)

111. States that an expert who is appointed by PSRB must provide a written report to the parties and the treatment supervisor at least 14 days before a hearing. (Sec. 11)

112. Directs the expert be available to testify and, if requested, be interviewed or deposed by either party. (Sec. 11)

Miscellaneous

113.  Changes the article heading of Title 13, Chapter 38, Article 14 from procedures on issue of insanity of defendant to psychiatric security review board. (Sec. 4)

114.  Transfers and renumbers A.R.S. §§ 13-3991 and 13-3992 for placement in Title 13, Chapter 41 as A.R.S. §§ 13-4519 and 13-4520. (Sec. 5)

115. Defines terms. (Sec. 6)

116. Repeals the title heading of Title 31, Chapter 4. (Sec. 13)

117. Repeals the article heading of Title 31, Chapter 4, Article 1. (Sec. 13)

118. Repeals Title 13, Chapter 38, Article 14 on January 1, 2021. (Sec. 17)

119.  Directs Legislative Council to prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the 55th Legislature, First Regular Session. (Sec. 19)

 

                                                                                                                                                              

 

 

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Initials LC/AG             Judiciary

 

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