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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
technical correction; critical infrastructure information
(NOW: dangerous incompetent defendants; out-of-state facilities)
Purpose
Requires the Department of Health Services (DHS) to arrange out-of-state placement for involuntarily committed defendants deemed dangerous and incompetent to stand trial when there are no secure state mental health facility beds available in Arizona.
Background
If a defendant is found incompetent to stand trial and a factfinder subsequently determines the defendant is dangerous and should be involuntarily committed to treatment, the court must dismiss the charges against the defendant without prejudice and commit the defendant to a secure state mental health facility (A.R.S. § 13-4521).
A secure state mental health facility is a secure behavioral health residential facility (SBHRF) that is licensed by DHS to provide secure 24-hour on-site supportive treatment and supervision by staff with behavioral health training for persons who have been determined to be seriously mentally ill, chronically resistant to treatment for a mental disorder and who are placed in the SBHRF pursuant to court order (A.R.S. §§ 13-4501 and 36-425.06).
The Joint Legislative Budget Committee estimates that H.B. 2307 would have a significant fiscal impact to the state General Fund but is unable to determine a precise estimate in advance (JLBC fiscal note).
Provisions
1. Requires DHS to contract with a secure mental health facility, or other facility capable of providing equivalent services, in another state to house involuntarily committed defendants deemed dangerous and incompetent to stand trial when there are no beds available in a secure state mental health facility in Arizona.
2. Declares DHS responsible for all contractual costs associated with out-of-state placement and services for a defendant.
3. Makes conforming changes.
4. Becomes effective on the general effective date.
House Action
HHS 2/16/26 DPA/SE 6-5-0-1
3rd Read 2/18/26 37-20-3
(W/O emergency)
Prepared by Senate Research
March 2, 2026
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