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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature Second Regular Session |
Senate: JUD DPA/SE 7-0-1-0 | 3rd Read 17-12-1-0House: JUD DP 9-1-0-0 |
SB 1310: dangerous; incompetent person; evaluation; commitment
Sponsor: Senator Barto, LD 15
House Engrossed
Overview
Establishes procedures regarding the commitment, detainment, conditional release and discharge of a defendant deemed incompetent, non-restorable and dangerous. Outlines requirements for the treatment of a committed defendant.
History
Statute allows any party, if the court finds that a defendant is incompetent to stand trial and that there is no substantial probability that the defendant will regain competency within 21 months after the date of the original finding of incompetency, to request that the court: 1) remand the defendant to an evaluating agency for the institution of civil commitment proceedings; 2) appoint a guardian; or 3) release the defendant from custody and dismiss the charges against the defendant without prejudice. If the defendant is remanded, the prosecutor is required to file a petition for evaluation and provide any known criminal history of the defendant (A.R.S. § 13-4517).
Incompetent to stand trial means a defendant, as a result of a mental illness, defect or disability, is unable to understand the nature and object of the proceeding or to assist in the defendant's defense. Incompetent to stand trial also means, in the case of a person under 18 years old, a person who does not have sufficient present ability to consult with the person's lawyer with a reasonable degree of rational understanding or who does not have a rational and factual understanding of the proceedings against the person (A.R.S. § 13-4501).
Provisions
1.
States a person who is found competent
to stand trial after an involuntary commitment must receive credit for all time
that the person spent under the jurisdiction of the secure state mental health
facility for any of the charges that were the basis for the involuntary
commitment. (Sec. 1)
2. States specific sealed court reports may be opened in a trial to determine whether the defendant is dangerous and eligible for commitment. (Sec. 3)
3. Requires an expert who is appointed to determine the defendant's competency to submit a written report of the examination and, if requested by the state, whether the defendant should be considered dangerous and the nature of the mental illness, disease or defect that makes the defendant likely to be dangerous, and whether the defendant has a history of any dangerous conduct. (Sec. 4)
4. States if the mental health expert determines that the defendant is incompetent to stand trial, the report must also include the following information:
a) The nature of the mental illness, disease or defect that makes the defendant likely to be dangerous; and
b) If the prognosis includes a determination that the defendant is not likely to regain competency within 21 months, whether the defendant should be considered dangerous. (Sec. 4)
5. States that if the court finds that a defendant is incompetent to stand trial and is charged with a serious offense, any party may request that the court order a trial to determine if the defendant is dangerous and should be involuntarily committed. (Sec. 6)
6. Specifies if the defendant is not represented by an attorney and is indigent, the court must appoint an attorney to represent the defendant in all applicable proceedings. (Sec. 6)
7. States that if a court enters an order that a defendant is dangerous, incompetent and nonrestorable, the court must hold a hearing within 10 days after the order is issued to determine if the proof is evident or the presumption great that the defendant committed the act that constitutes a serious offense. (Sec. 7)
8. Specifies if the court, if the above applies, must hold a trial within 120 days after the court issued the order to determine if the defendant is dangerous and should be involuntarily committed. (Sec. 7)
9. Stipulates that unless the state or the defendant requests a jury trial, a trial held for the above reason must be before the court. (Sec. 7)
10. States at a trial to determine if the defendant is dangerous, the state must establish beyond a reasonable doubt that the defendant is dangerous and should be involuntarily committed. (Sec. 7)
11. States if the factfinder finds that the defendant is dangerous and should be involuntarily committed, the court must dismiss the charges against the defendant without prejudice and order the defendant to be committed to a secure mental health facility. (Sec. 7)
12. Requires the secure mental health facility to provide to the defendant education, care, supervision and treatment to render the defendant either competent or nondangerous. (Sec. 7)
13. Stipulates that a commitment order issued may not be in effect for more than the presumptive sentence the defendant could have received for the highest charged offense and that the court may not consider the sentence enhancements for serious or dangerous offenses for prior convictions. (Sec. 7)
14. States a person who is involuntarily committed to a secure state mental health facility must receive credit for all time spent under the facility's jurisdiction if the person is found competent to stand trial and is subsequently sentenced for any charges that were the basis for the involuntary commitment. (Sec. 7)
15. Requires the courts to report annually to the Arizona Criminal Justice Commission the following information:
a) The number of court orders for a trial for a defendant who is dangerous, incompetent and nonrestorable;
b) The number of defendants who are committed after a trial;
c) The number of committed defendants who are conditionally released to a less restrictive alternative; and
d) The number of committed defendants who are restored to competency or determined to not be dangerous and who are discharged. (Sec. 7)
16. Requires the Director of the Arizona Health Care Cost Containment System Administration (AHCCCS) to report annually to the Governor and the Legislature the following information:
a) An accounting of where the monies appropriated to AHCCCS for secure behavioral health residential facilities were used during the previous year; and
b) The number of available beds in each secure behavioral health residential facility. (Sc. 8)
17. Adds Chapter 40: Dangerous and Incompetent Persons and related statutes to Title 36: Public Health and Safety. (Sec. 9)
18. Requires a specified medical professional to biannually examine each defendant determined to be incompetent and dangerous and outlines the examination and reporting requirements. (Sec. 9)
19. Stipulates if the specified medical professionals determine that the committed defendant is competent to stand trial or is no longer dangerous, the court must hold a hearing to determine whether the committed defendant is competent or is no longer dangerous. (Sec. 9)
20. Requires that if the committed defendant is determined to be no longer dangerous because of medication, the report must state whether the committed defendant will continue to take that medication if released to a less restrictive alternative. (Sec. 9)
21. Outlines the hearing procedure if the court receives a report that the committed defendant is competent or no longer dangerous. (Sec. 9)
22. Allows a committed defendant to petition for conditional release to a less restrictive alternative if the committed defendant is no longer dangerous. (Sec. 9)
23. Requires the court to hold a hearing within 45 days after receiving the petition. (Sec. 9)
24. Specifies the State has the burden of proving by clear and convincing evidence that the committed defendant's mental illness, defect or disability has not changed and the committed defendant remains dangerous. (Sec. 9)
25. Allows a committed defendant to annually petition the court for conditional release to a less restrictive alternative. (Sec. 9)
26. Permits the committed defendant to be present at the hearing. (Sec. 9)
27. Allows the court to order the committed defendant's conditional release to a less restrictive alternative if the court determines it is in the best interest of the committed defendant and the community is adequately protected. (Sec. 9)
28. Outlines procedure if the court does not order the conditional release of a committed defendant to a less restrictive alternative. (Sec. 9)
29. Permits the court to impose any additional conditions on the committed defendant that the court determined is necessary to ensure the committed defendant's compliance with treatment and to protect the community. (Sec. 9)
30. Outlines procedure if the court does conditionally release a committed defendant to a less restrictive alternative. (Sec. 9)
31. Allows for the committed defendant who was conditionally released to a less restrictive alternative to be monitored using an electronic bracelet. (Sec. 9)
32. Requires the designated service provider to report monthly specific information about the committed defendant who was released to a less restrictive alternative. (Sec. 9)
33. Requires the court to review the case of each committed defendant who is conditionally released to a less restrictive alternative within one year after the committed defendant's release and thereafter on motion of either party, the medical director or on the court's own motion until the committed defendant is discharged. (Sec. 9)
34. Requires the Department of Public Safety be notified if a committed defendant is conditionally released to a less restrictive alternative. (Sec. 9)
35. Mandates that before the court orders that a committed defendant be conditionally released to a less restrictive alternative, all of the following must apply:
a) The committed defendant will be treated by a qualified provider;
b) The provider presents a specific treatment course, agrees to assume responsibility for the committed defendant's treatment, will report on the committed defendant's progress and will report any violations immediately to the court, the attorney for the state and the superintendent;
c) Ensure the committed defendant has housing arrangements sufficiently secure to protect the community;
d) The committed defendant will comply with the provider and all of the court's and provider's requirements; and
e) The committed defendant will comply with the supervision requirements imposed by the Arizona Health Care Cost Containment System Administration. (Sec. 9)
36. Specifies a committed defendant does not forfeit any legal right and may not suffer any legal disability as a consequence of specified actions unless specified otherwise. (Sec. 9)
37. Requires that a committed defendant receive care, supervision or treatment and that the superintendent must keep records detailing all medical care and treatment. (Sec. 9)
38. Outlines who may receive copies of the above medical records. (Sec. 9)
39. Outlines the process and requirements for revoking conditional release to a less restrictive alternative. (Sec. 9)
40. Outlines the process for a committed defendant to petition for discharge. (Sec. 9)
41. Outlines the reasons that a committed defendant may be transported from the secure mental health facility to court. (Sec. 9)
42. Defines relevant terms. (Sec. 2, 9)
43. Contains a legislative findings clause. (Sec. 8)
44. Contains a delayed effective date of January 1, 2024. (Sec. 9)
45. Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5, 6, 7, 8)
46.
47.
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49. SB 1310
50. Initials LC Page 0 House Engrossed
51.
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