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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
jails; mental health; evaluations; treatment
Purpose
Expands the definitions of evaluation agency and mental health treatment agency to include jail facilities accredited by either a national commission on correctional health care or an American correctional association.
Background
Health care institutions in Arizona are licensed to operate and regulated by the Department of Health Services (DHS). However, statute outlines various institutions that are exempt from DHS licensure, supervision, regulation or control, including facilities that provide medical and health services to inmates of a county jail. Exempted jail facilities must be evaluated annually by the county sheriff to determine if it meets the standards adopted by either a national commission on correctional health care or an American correctional association (A.R.S. § 36-402).
A.R.S. Title 36, Chapter 5
outlines processes by which individuals may, voluntarily or under court order,
be evaluated, admitted and treated by designated mental health providers,
including approved evaluation agencies and mental health treatment agencies.
Court-ordered evaluation (COE) is a process by which two behavioral health
medical professionals complete a detailed analysis of an individual to assess
whether the individual is: 1) a danger to themselves;
2) a danger to others; 3) persistently or acutely disabled; or 4) gravely
disabled. COEs must determine the severity of an individual's specific mental
or behavioral health concern as well as the individual's capacity to adequately
function and care for themselves. If it is determined that an individual meets
one of the four outlined criteria, the evaluators must submit their findings to
the Superior Court in the county where the individual resides so that a judge
may determine whether the individual meets the necessary criteria to be ordered
into treatment by a mental health treatment agency (AHCCCS).
The National Commission on Correctional Health Care (NCCHC) is a non-profit organization dedicated to improving correctional health care quality. NCCHC grants accreditation, through an external peer review team of correctional health experts, to correctional facilities that meet national standards (NCCHC). Similarly, the American Correctional Association (U.S. ACA) also accredits correctional facilities to improve facility operations through adherence to clear standards, including safety, security, order, inmate care, programs, justice and administration (U.S. ACA).
An evaluation agency is a health care agency that is licensed by DHS and has been approved to provide statutory mental health evaluation services. A mental health treatment agency is a health care agency that is licensed by DHS and has been approved to provide statutory mental health treatment services (A.R.S. § 36-501).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Expands the definitions of evaluation agency and mental health treatment agency to include facilities that are exempt from licensure by DHS and accredited by either a national commission on correctional health care or an American correctional association.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
January 27, 2023
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