Chapter 0012 - 572R - S Ver of HB2307

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-4521, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4521. Dangerous and incompetent defendants; proof evident hearing; commitment trial; disposition; findings; annual report

A. If a court enters an order pursuant to section 13-4517, subsection A, paragraph 4, the court shall hold a hearing within ten 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 as defined in section 13-706. If the court does not find the proof is evident or the presumption great that the defendant committed the act, the court shall proceed pursuant to section 13-4517, subsection A, paragraph 1, 2 or 3.

B. If the court does find the proof is evident or the presumption great pursuant to subsection A of this section, the court shall hold a trial within one hundred twenty days after the court issued the order pursuant to section 13-4517, subsection A, paragraph 4 to determine if the defendant is dangerous and should be involuntarily committed. Unless the state or defendant requests a jury trial, a trial held pursuant to this subsection shall be before the court.

C. The Arizona rules of evidence and the Arizona rules of civil procedure apply to proceedings held pursuant to this section, except that the court may consider evidence that is not admissible under the Arizona rules of evidence when making a determination pursuant to subsection A of this section.

D. If there has not been a previous evaluation to determine whether the defendant is dangerous, the defendant shall be examined by mental health experts in accordance with the requirements of section 13-4509, subsection D to determine if the defendant should be considered dangerous. The state and the defendant may each retain a mental health expert to examine the defendant and present the defendant's mental health evaluation at the trial.

E. At a trial to determine if the defendant is dangerous, the state shall establish beyond a reasonable doubt that the defendant is dangerous and should be involuntarily committed. If the factfinder does not find that the defendant is dangerous or does not find that the defendant should be involuntarily committed, the court shall proceed pursuant to section 13-4517, subsection A, paragraph 1, 2 or 3.

F. If the factfinder finds that the defendant is dangerous and should be involuntarily committed, the court shall dismiss the charges against the defendant without prejudice and order the defendant to be committed to a secure state mental health facility. The defendant shall receive education, care, supervision and treatment to render the defendant either competent or nondangerous.

G. If the court issues or has issued a commitment order pursuant to this section:

1. Until December 31, 2031, if the defendant has been determined to be dangerous and incompetent and is involuntarily committed to a secure state mental health facility pursuant to this section but there are no beds available in a secure state mental health facility in this state, section 13-4521.01 applies to the placement of the defendant, but all other provisions of this section remain applicable to the defendant.

1. 2. All further proceedings for the defendant's continued treatment and the circumstances under which the defendant may be released shall be conducted pursuant to title 36, chapter 40.

2. 3. The order shall require that the defendant remain committed to a secure state mental health facility until any of the following occurs:

(a) The court finds that the defendant is competent to stand trial.

(b) The court finds that the defendant is no longer dangerous.

H. A commitment order issued pursuant to this section may not be in effect for more than the presumptive sentence the defendant could have received for the highest charged offense pursuant to section 13-702 or 13-703, section 13-704, subsection A, B, C, D or E, section 13-705, section 13-706, subsection A, section 13-708, subsection D or section 13-751 or any section for which a specific sentence is authorized. In making this determination, the court may not consider the sentence enhancements under section 13-703 or 13-704 for prior convictions. The court shall consider all time a defendant has been in custody, including pretrial detention and custody under title 36.

I. The court shall retain jurisdiction over a defendant who is committed pursuant to this section until the court discharges the defendant from treatment. If a defendant is discharged or released on the expiration of a commitment order issued pursuant to this section, the medical director of the secure state mental health facility from which the defendant is discharged or released or the state may file a petition stating that the defendant requires further treatment pursuant to title 36, chapter 5 or the appointment of a guardian pursuant to title 14.

J. Findings by the court made pursuant to this section and, except as provided in section 13-4508, any statements made by the defendant during an examination by a mental health expert pursuant to section 13-4509 are inadmissible in any proceeding other than a proceeding under title 36, chapters 5 and 40.

K. A person who is involuntarily committed to a secure state mental health facility pursuant to this section shall receive credit for all time spent under the jurisdiction of the secure state mental health facility if the person is found competent to stand trial and is subsequently sentenced to the state department of corrections for any of the charges that were the basis for the involuntary commitment.

L. The court shall annually report the following information for the previous year to the Arizona criminal justice commission:

1. The number of court orders for a trial pursuant to section 13-4517, subsection A, paragraph 4, including the number of jury trials that were held.

2. The number of defendants who are committed after a trial pursuant to this section.

3. The number of committed defendants who are conditionally released to a less restrictive alternative.

4. The number of committed defendants who are restored to competency or determined to not be dangerous and who are discharged. END_STATUTE

Sec. 2. Title 13, chapter 41, Arizona Revised Statutes, is amended by adding section 13-4521.01, to read:

START_STATUTE13-4521.01. Dangerous and incompetent defendants; placement until December 31, 2031; reports

A. Until December 31, 2031, if the court issues or has issued a commitment order pursuant to section 13-4521 and there are No beds available in a secure state mental health facility in this state, The Arizona state hospital may accept the defendant for care and treatment on its forensic campus if all of the following apply:

1. The defendant has been determined to be dangerous and incompetent and is involuntarily committed to a secure state mental health facility pursuant to section 13-4521.

2. The defendant has received at least twelve months of restoration to competency services.

3. The defendant has a primary psychiatric condition.

B. The order shall:

1. Require that the defendant remain committed to the Arizona state hospital pursuant to this section or a secure state mental health facility until either of the following occurs:

(a) The court finds that the defendant is competent to stand trial.

(b) The court finds that the defendant is no longer dangerous.

2. Include authorization for the Arizona state hospital to provide necessary treatment to the DEFENDANT, including the administration of medications as clinically indicated, and to ensure the safety and security of the facility.

3. Allow the Arizona state hospital to issue a standing order for the application of restraints to the DEFENDANT as necessary to ensure the safety and security of the facility.

C. If the medical director determines that a defendant who was determined TO BE dangerous, incompetent and nonrestorable pursuant to section 13-4521 may no longer be dangerous or incompetent, the disposition of the proceedings shall be pursuant to title 36, chapter 40.

D. As soon as practicable, on THE licensure of a secure state mental health facility for the care and treatment of defendants WHO ARE committed under section 13-4521, the Arizona state hospital shall coordinate the transfer of any defendant WHO IS admitted to the Arizona state hospital pursuant to this section to the secure state mental health facility.

E. The costs of a defendant who is determined TO BE dangerous, incompetent and nonrestorable and who is subsequently admitted to the Arizona state hospital pursuant to this section shall be paid by the department of health services, including the costs for all nonpsychiatric or nonmental health disorder-related services provided to the defendant during the DEFENDANT's admission.

F. the Arizona state hospital may not accept more than one defendant who has a primary psychiatric condition, who has been determined TO BE dangerous, incompetent and nonrestorable pursuant to section 13-4521 and whose originating county has a population of less than four hundred thousand persons for care and treatment on the Arizona state hospital's forensic campus. If the Arizona state hospital reaches, or is expected to reach, the maximum funded capacity for forensic programs, the superintendent shall inform each county's presiding judge, county attorney and chairperson of the board of supervisors that the Arizona state hospital may not accept any additional defendants pursuant to section 13-502, 13-3992 or 13-4521 or this section and the following apply:

1. Notwithstanding section 13-3992, subsection E, the department of health services is not required to reimburse a county for the actual costs of each day an admission is deferred for a person who has been found guilty except insane pursuant to section 13-502 if the deferral is due to a defendant admitted to the Arizona state hospital pursuant to this section.

2. Neither the department of health services or its officers are liable for or subject to civil sanctions as a result of the Arizona state hospital's inability to admit defendants due to reaching the maximum funded capacity.

G. Beginning October 1, 2026 and every six months thereafter, the administrative office of the courts shall report to the Speaker of the house of representativeS, the president of the senate, the governor and the director of the department of health services all of the following:

1. The number of defendants who were determined TO BE incompetent to stand trial and nonrestorable.

2. The number of trials initiated to determine if a defendant is DANGEROUS pursuant to this section.

3. The number of defendants who were determined to be dangerous pursuant to this section.

4. The number of defendants who were determined TO BE either incompetent to stand trial and nonrestorable or incompetent, nonrestorable and dangerous and who were diagnosed with a neurocognitive or neurodevelopmental disorder, including a traumatic brain injury, dementia or autism.END_STATUTE

Sec. 3. Delayed repeal

Section 13-4521.01, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2031.

Sec. 4. Legislative study committee on secure state mental health facilities; membership; powers and duties; delayed repeal; definition

A. The legislative study committee on secure state mental health facilities is established consisting of the following members:

1. Three members of the senate who are appointed by the president of the senate, not more than two of whom are members of the same political party.

2. Three members of the house of representatives who are appointed by the speaker of the house of representatives, not more than two of whom are members of the same political party.

3. The director of the Arizona health care cost containment system or the director's designee.

4. The superintendent of the Arizona state hospital or the superintendent's designee.

5. The attorney general or a member of the attorney general's staff who has experience in civil commitment procedures under title 36, Arizona Revised Statutes, and commitment procedures under title 13, Arizona Revised Statutes.

6. One member who is from a county attorney's office in a county with a population of at least one million five hundred thousand persons and who is appointed by the speaker of the house of representatives.

7. One member who is from a county attorney's office in a county with a population of less than one million five hundred thousand persons and who is appointed by the president of the senate.

8. At least two private sector providers who each have experience in operating behavioral health facilities, one of whom is appointed by the speaker of the house of representatives and one of whom is appointed by the president of the senate.

9. One member who is a public defender in a county with a population of at least one million five hundred thousand persons and who is appointed by the president of the senate.

10. One member who is a public defender in a county with a population of less than one million five hundred thousand persons and who is appointed by the speaker of the house of representatives.

11. One member who is from the administrative office of the courts.

12. One member who is from a nonprofit federally mandated protection and advocacy agency for this state and who is appointed by the president of the senate.

13. Two members who are from a statewide association that represents county supervisors, one of whom represents a county with a population of at least one million persons and who is appointed by the speaker of the house of representatives and one of whom represents a county with a population of less than one million persons and who is appointed by the president of the senate.

B. The committee shall make recommendations on the long-term feasibility of secure state mental health facilities or other care models, and shall:

1. Identify sustainable funding by analyzing and recommending long-term funding sources for persons who are determined to be dangerous, incompetent and nonrestorable pursuant to section 13-4521, Arizona Revised Statutes, as amended by this act, including the feasibility of federal medicaid reimbursement models.

2. Determine the appropriate per diem rates that are required to incentivize private providers to build and operate secure state mental health facilities, including accounting for specialized security and high-acuity clinical staffing.

3. Evaluate the feasibility of privately operated secure state mental health facilities versus separate and specialized secure state mental health facilities operated directly by the Arizona state hospital.

4. Research if commitments of defendants who have been determined to be dangerous, incompetent and nonrestorable pursuant to section 13-4521, Arizona Revised Statutes, as amended by this act, remains the most appropriate legal pathway and if a modified civil commitment process under title 36, Arizona Revised Statutes, provides better clinical outcomes and federal funding eligibility.

5. Review the literature and data from this state and other jurisdictions to project the growth over the next ten years of the population of defendants who have been determined to be dangerous, incompetent and nonrestorable pursuant to section 13-4521, Arizona Revised Statutes, as amended by this act.

6. Evaluate the costs and logistics associated with entering into an interstate compact or multistate agreement to establish an out of state placement for a defendant who has been determined to be dangerous, incompetent and nonrestorable pursuant to section 13-4521, Arizona Revised Statutes, as amended by this act, if a bed in a secure state mental health facility in this state is unavailable.

C. The committee may hold hearings, conduct site visits to existing secure facilities and request data from the department of health services, the Arizona health care cost containment system and the administrative office of the courts.

D. Committee members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2, Arizona Revised Statutes.

E. On or before December 31, 2026, the committee shall submit a report of its findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state.

F. This section is repealed from and after December 31, 2026.

G. For the purposes of this section, "secure state mental health facility" has the same meaning prescribed in section 13-4501, Arizona Revised Statutes.

Sec. 5. Department of health services; analysis; secure state mental health facilities

A. The department of health services shall conduct an analysis of the cost to staff and construct a new secure state mental health facility on the grounds of the Arizona state hospital or renovate an existing structure to be converted to a secure state mental health facility on the grounds of the Arizona state hospital for defendants who are determined to be dangerous, incompetent and nonrestorable pursuant to section 13-4521, Arizona Revised Statutes, as amended by this act.

B. On or before November 1, 2026, the department shall submit the analysis to the president of the senate, the speaker of the house of representatives and the governor and provide a copy of this analysis to the secretary of state.

Sec. 6. Applicability

Section 13-4521, Arizona Revised Statutes, as amended by this act, and section 13-4521.01, Arizona Revised Statutes, as added by this act, apply retroactively to from and after December 31, 2023.

Sec. 7. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.