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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
licensed secure facility; incompetent defendants
Purpose
Requires patients found dangerous and incompetent to stand trial who are court ordered to involuntary treatment to be placed in a licensed secure health facility if the court finds that placement in a secure state mental health facility is not feasible and prohibits these patients from being treated at a secure behavioral health residential facility (SBHRF) that treats patients who are civilly committed to treatment at the SBHRF.
Background
Beginning January 1, 2024, if, after a defendant is found incompetent to stand trial, a factfinder finds that the defendant is dangerous and should be involuntarily committed to treatment, the court must dismiss the charges against the defendant without prejudice and commit the defendant to a secure state mental health facility (Laws 2022, Ch. 352; A.R.S. § 13-4521).
A court may approve a patient, who is unwilling or unable to accept voluntary treatment, for placement in an SBHRF if it finds by clear and convincing evidence that a proposed patient, as a result of mental disorder, is a danger to self or others or has a persistent, acute or grave disability and is in need of treatment (A.R.S. §§ 36-540 and 36-550.09).
A secure state mental health facility is an SBHRF that is licensed by the Department of Health Services (DHS) to provide secure 24 hour on-site supportive treatment and supervision by staff with behavioral health training for persons who have been determined to be seriously mentally ill, chronically resistant to treatment for a mental disorder and who are placed in the SBHRF pursuant to court order (A.R.S. §§ 13-4501 and 36-425.06).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Directs the court to order defendants who are found dangerous and incompetent to stand trial, and who should be involuntarily committed for treatment, to the custody of DHS for placement in a licensed secure health facility if the court determines that commitment to a secure state mental health facility is not feasible.
2. Prohibits patients who are civilly placed in an SBHRF by court order from being treated at an SBHRF that treats patients who are committed to treatment after being found dangerous and incompetent to stand trial in a criminal proceeding.
3. Makes conforming changes.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Restores the requirement that defendants who are found dangerous and incompetent to stand trial be committed to a secure state mental health facility.
2. Stipulates that, if commitment to a secure state mental health facility is not feasible, the court must order the defendant to the custody of DHS for placement in a licensed secure facility.
3. Removes the specification that the licensed secure facility be under the supervision of the Superintendent of ASH.
Amendments Adopted by Committee of the Whole
1. Clarifies that a licensed secure facility for commitment of persons found dangerous and incompetent to stand trial must be a licensed secure health facility.
2. Makes conforming changes.
Senate Action
HHS 2/19/25 DPA 7-0-0
Prepared by Senate Research
March 4, 2025
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