ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	Senate: HHS DPA 7-0-0-0 | 3^rd Read 19-9-2-0 House: HHS DPA 8-2-0-0

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SB 1678: secure behavioral health residential facilities

Sponsor: Senator Gowan, LD 19

House Engrossed

Overview

Requires Secure Behavioral Health Residential Facilities (SBHRFs) to keep civilly placed patients in separate SBHRFs from persons committed to SBHRFs as dangerous and incompetent to stand trial in a criminal proceeding.

History
The Department of Health Services (DHS) licenses SBHRFs to provide 24-hour supportive treatment and supervision for persons who have been deemed seriously mentally ill and resistant to treatment and have been committed because of a court order. Also, individuals who have been deemed as dangerous and have been committed because of a court order (A.R.S. §§ 36-540 and 36-550.09).

An SBHRF can only provide treatment to the individuals listed above and cannot provide services to any other persons on the facility's premises. SBHRFs cannot have more than 16 beds per facility. The Arizona Health Care Cost Containment System (AHCCCS) Director must submit an annual report to the Governor, the Legislature and the Supreme Court containing the following information: 1) where monies appropriated to AHCCCS for SBHRFs were used during the previous year; and 2) the number of available beds in each SBHRF (A.R.S. § 36-425.06).

Provisions

1. Permits persons who are found competent to stand trial after being involuntarily committed to receive credit for all time spent under the jurisdiction of the Arizona State Hospital (ASH) against a term of imprisonment for any of the charges that were the basis for involuntary commitment. (Sec. 1)

2. Provides the court the option, if the factfinder finds that the defendant is dangerous and should be involuntarily committed, to dismiss the charges against the defendant without prejudice and order the defendant to be committed to ASH. (Sec. 2)

3. Requires a court order, if the court issues a commitment order, to require the defendant to remain committed to ASH until the court finds the defendant is competent to stand trial or the court finds that the defendant is no longer dangerous. (Sec. 2)

4. Allows, if a defendant is discharged or released on the expiration of a commitment order, the ASH medical director from which a defendant is discharged or released to file a petition stating that the defendant requires further treatment or the appointment of a guardian. (Sec. 2)

5. Specifies that a SBHRF that provides services to persons civilly placed in the SBHRF by a court order cannot provide services to any other persons on that facility's premises.    (Sec. 3)

6. Specifies that a SBHRF that provides services to persons who are deemed dangerous and incompetent to stand trial by a court order cannot provide services to any other persons on that facility's premises. (Sec. 3)

7. Requires AHCCCS to submit a report to the Governor, the Legislature and the Supreme Court on the number of available beds in each SBHRF for persons civilly placed in a SBHRF by a court order. (Sec. 3)

8. Requires AHCCCS to submit a report to the Governor, the Legislature and the Supreme Court on the number of available beds in each SBHRF for persons who are deemed dangerous and incompetent to stand trial by a court order. (Sec. 3)

9. Contains an emergency clause that was not enacted. (Sec. 4)

10. Makes technical and conforming changes. (Sec. 3)

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                        SB 1678

Initials AG/MT          Page 0 House Engrossed

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