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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: HHS DPA/SE 6-5-0-1 | Third Read 37-20-3-0
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HB 2307: technical correction; critical infrastructure information
NOW: dangerous incompetent defendants; study committee
Sponsor: Representative Biasiucci, LD 30
Signed by the Governor
Overview
An emergency measure that arranges, until December 31, 2031, placement of dangerous and incompetent defendants at the Arizona State Hospital (ASH) when there are no beds available in a secure state mental health facility in Arizona. Creates the Study Committee on Secure State Mental Health Facilities (Study Committee) to make recommendations on the long-term feasibility of secure state mental health facilities or other care models and outlines Study Committee membership, duties and authorities. Requires the Department of Health Services (DHS) to conduct an analysis of the cost to staff and construct or renovate an existing structure to be converted to a new secure state mental health facility on ASH grounds for placement of dangerous, incompetent and nonrestorable defendants.
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. Stipulates that, until December 31, 2031, if the court issues a commitment order and there are no beds available in a secure mental health facility in Arizona, the Arizona State Hospital (ASH) may accept the defendant at its forensic campus if the defendant:
a. has been deemed dangerous and incompetent and has been involuntarily committed for treatment;
b. has received at least 12 months of restoration to competency services; and
c. has a primary psychiatric condition. (Sec. 1-2)
2. Specifies that an order for placement at the ASH forensic campus must:
a. require that the defendant remain committed to ASH or a secure mental health facility until the court finds that the defendant is either competent to stand trial or no longer dangerous;
b. include authorization for ASH to provide necessary treatment to the defendant, including administering medications as clinically indicated; and
c. allow ASH to issue a standing order for application of restraints as necessary to ensure facility safety and security. (Sec. 2)
3. Specifies that, if the medical director determines a defendant previously determined to be dangerous, incompetent and nonrestorable is no longer dangerous or incompetent, the proceedings are subject to statutes relating to dangerous and incompetent persons. (Sec. 2)
4. Directs ASH, as soon as practicable after a secure state mental health facility is licensed in Arizona, to coordinate the transfer of dangerous and incompetent defendants to the facility. (Sec. 2)
5. Directs DHS to pay all costs associated with placement of a dangerous, incompetent and nonrestorable defendant at the ASH forensic campus during the defendant's admission, including the costs for all nonpsychiatric or nonmental health disorder-related services. (Sec. 2)
6. Limits ASH from accepting more than one defendant with a primary psychiatric condition who has been determined dangerous, incompetent and nonrestorable for care and treatment on its forensic campus. (Sec. 2)
7. Limits placement of a dangerous, incompetent and nonrestorable defendant at the ASH forensic campus to a defendant originating from a county with less than 400,000 persons. (Sec. 2)
8. Stipulates that, if ASH reaches or is expected to reach the maximum funded capacity for forensic programs, the ASH Superintendent must inform each county's presiding judge, county attorney and chairperson of the board of supervisors that ASH may not accept any additional defendants and that:
a. DHS is not required to reimburse a county for the actual costs of each day an admission is deferred for a person deemed guilty except insane if the deferral is due to the current placement of a dangerous, incompetent and nonrestorable defendant at ASH; and
b. DHS and its officers are not liable or subject to civil sanctions due to ASH’s inability to admit defendants. (Sec. 2)
9. Directs the Administrative Office of the Courts, beginning October 1, 2026, and every six months thereafter, to report to the Speaker of the House of Representatives, President of the Senate, the Governor and Director of DHS the number of:
a. defendants determined to be incompetent to stand trial and nonrestorable;
b. trials initiated to determine if a defendant is dangerous;
c. defendants determined to be dangerous; and
d. defendants diagnosed with a neurocognitive or neurodevelopmental disorder, including traumatic brain injury, dementia or autism, who were determined to be either incompetent to stand trial and nonrestorable or incompetent, nonrestorable and dangerous. (Sec. 2)
10. Establishes the Study Committee to make recommendations on the long-term feasibility of secure state mental health facilities or other care models and outlines Study Committee membership, duties and authorities. (Sec. 4)
11. Requires DHS to conduct an analysis of the cost to staff and construct a new secure mental health facility on the grounds of ASH or renovate an existing structure to be converted to a new secure state mental health facility on ASH grounds for placement of dangerous, incompetent and nonrestorable defendants. (Sec. 5)
12. Requires DHS, by November 1, 2026, to submit the cost analysis to the President, Speaker of the House, Governor and provide a copy to the Secretary of State. (Sec. 5)
13. Specifies that the requirements and protocols governing placement of dangerous, incompetent and nonrestorable defendants at ASH applies retroactively to January 1, 2024. (Sec. 6)
14. Repeals requirements relating to placement of committed defendants at ASH on January 1, 2032. (Sec. 3)
15. Contains an emergency clause. (Sec. 7)
16. Makes conforming changes. (Sec. 2)
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Initials AG/NM HB 2307
4/14/2026 Page 0 Signed by the Governor
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