|
BILL # HB 2307 |
TITLE: |
|
SPONSOR: Biasiucci |
|
|
PREPARED BY: Maggie Rocker |
STATUS: House Engrossed |
The bill would require the Department of Health Services (DHS) to arrange for out-of-state involuntary commitment for dangerous and mentally incompetent individuals if no mental health facility beds are available in-state.
Estimated Impact
We estimate the bill would generate a significant fiscal impact to the state but cannot determine a precise estimate in advance. A sample estimate based on defendant data from 2016 and the current daily cost of care at the Arizona State Hospital (ASH) would suggest an annual cost of care of $16.6 million if DHS were required to arrange for out-of-state involuntary commitment in the absence of available mental health facility beds. Arizona does not currently have any secure state mental health facilities to provide services and beds for this population.
We assume there would also be significant costs associated with transportation and care coordination. The actual magnitude of the cost would be dependent on the number of defendants who meet the parameters, the daily rates of out-of-state facilities, as well as the length of time it takes for the construction of a secure behavioral health residential facility (SBHRF) in Arizona.
DHS has not yet responded to our request for their perspective.
Our estimate assumes the following:
1) In Arizona, defendants who are presumed to have committed a serious offense and who are determined to be dangerous and requiring involuntarily commitment are required to be court-ordered for commitment to a secure state mental health facility, which statute defines as an SBHRF. The FY 2026 budget appropriated $5 million to the Arizona Health Care Cost Containment System (AHCCCS) for the construction or retrofitting of an existing building to become the state's first SBHRF, which could potentially provide up to 16 beds for this population. AHCCCS issued a Request for Information in late January 2026.
2) In committee testimony, DHS cited a 2016 study that found 556 defendants across 8 Arizona counties non-restorable, or incompetent to stand trial. To provide a sample estimate, we make a couple assumptions: 1) the courts would deem 10% of non-restorable defendants as dangerous, and 2) the daily cost of care for non-restorable dangerous defendants would be $817, or consistent with costs to provide care in ASH's current Restoration to Competency (RTC) program. This scenario would suggest an annual cost of $16.6 million for the cost of out-of-state commitment, assuming that out-of-state facility rates are comparable. The $16.6 million estimate does not contemplate transportation costs, nor any additional administrative resources required to manage interstate contracts and care for an out-of-state population.
2/26/2026