ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: HHS DPA/SE 6-5-0-1

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2307: technical correction; critical infrastructure information

NOW: dangerous incompetent defendants; out-of-state facilities

Sponsor: Representative Biasiucci, LD 30

House Engrossed

Overview

An emergency measure that requires the Arizona Department of Health Services (DHS) to arrange for out-of-state involuntary commitment for dangerous and mentally incompetent individuals if there are no mental health facility beds available in-state.

History

Statute establishes the procedure and standards for involuntarily committing a defendant who is both incompetent to stand trial and charged with a serious offense. The court must first hold a hearing to decide whether it is highly likely the defendant committed the act and then hold a trial to determine whether the defendant is dangerous and requires involuntary commitment. If the defendant is found dangerous and committable, then the court must dismiss the criminal charges without prejudice and order commitment to a secure state mental health facility for treatment aimed at restoring competency or eliminating dangerousness; this commitment cannot last longer than the presumptive prison term for the highest charged offense, and the court retains jurisdiction until the defendant is discharged (A.R.S. § 13-4521).

Provisions

1.   Instructs that if the court has issued an involuntary commitment order, and the defendant has been determined to be dangerous and incompetent, and the defendant is committed to a secure state mental health facility, but there are no beds available in such a facility in this state, then DHS must contract with a facility outside of Arizona that is able to provide equivalent services to the defendant. (Sec. 1)

2.   Asserts that DHS is responsible for all contractual costs associated with out-of-state placement and services in such a case. (Sec. 1)

3.   Contains an emergency clause. (Sec. 2)

4.   Makes conforming changes. (Sec. 2)

 

 

 

 

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Initials AG/NM                      HB 2307

2/13/2026        Page 0 House Engrossed

 

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