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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
mental
illness; prisoners; diagnosis; treatment.
Purpose
Establishes the Study Committee on Inmate Mental Health Services (Study Committee) and prescribes membership and reporting requirements.
Background
When a person is
confined in a county jail, upon an arrest for or conviction of a misdemeanor
manifests symptoms of a mental disorder, the county sheriff must notify a
licensed physician who must examine the person. If the physician determines
that the person is suffering from a mental disorder, proceedings must be taken
for a court-ordered evaluation. Evaluation proceedings must be separate from
court proceedings relating to the misdemeanor charge (A.R.S.
§ 31-126). On receiving an application for evaluation, a screening agency
must provide prepetition screening within 48 hours. If the screening agency
determines that there is reasonable cause to believe that the proposed patient
is a danger to self or others as a result of mental disorder or has a
persistent or acute disability or a grave disability and is unable or unwilling
to voluntarily receive evaluation, the agency must prepare a petition for
court-ordered evaluation (A.R.S.
§ 36-521). A person admitted to an evaluation agency must receive an
evaluation as soon as possible after the court's order and receive care and
treatment as required by the person's condition for the full period that the
person is hospitalized. An inpatient evaluation must be completed in less than
72 hours, during which time the person receiving the evaluation must remain in
the facility (A.R.S.
§ 36-530).
If a prisoner
who is confined in any facility operated by the Arizona Department of
Corrections, Rehabilitation and Reentry (ADCRR) displays symptoms of mental
disorder to such a degree that transfer to the Arizona State Hospital or a
mental health inpatient treatment facility operated by ADCRR is necessary to
ensure adequate treatment, the psychiatrist or physician at the facility must
examine the prisoner and make a written report containing recommendations to
the Director of ADCRR. If, within 120 days of the prisoner's scheduled release
from prison or during any time that the prisoner is on release status, the
prisoner appears to be a danger to self or others or has a grave disability and
is unwilling to undergo a voluntary evaluation, a court-ordered evaluation may
be filed as prescribed. If the court orders inpatient evaluation, the order
must take effect on the day of the prisoner's scheduled release, or on a date
determined by the court, if the prisoner is on release status. ADCRR must
deliver the prisoner to the evaluation agency (A.R.S.
§ 31-226).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes the Study Committee which consists of:
a) two members of the House of Representatives (House) who are from different political parties and are appointed by the Speaker of the House (Speaker), one of whom the Speaker must designate as cochairperson of the Study Committee;
b) two members of the Senate who are from different political parties and are appointed by the President of the Senate (President), one of whom the President must designate as cochairperson of the Study Committee;
c) the Director of ADCRR or the Director's designee;
d) the Director of the Arizona Health Care Cost Containment System or the Director's designee;
e) four members appointed by the Speaker, one of whom:
i. represents the RHBA;
ii. has a family member who is currently in jail or prison and who has a mental health diagnosis;
iii. is a state, city, town or county prosecutor who prosecutes defendants with mental illness; and
iv. represents a law enforcement agency from a county with a population of fewer than 1,000,000 persons; and
f) three members appointed by the President, one of whom:
i. is employed by a special health care district;
ii. is an attorney with experience representing mentally ill defendants who are in jail or are sentenced to prison; and
iii. represents a law enforcement agency from a county with a population of 1,000,000 persons or more.
2. Requires the Study Committee to:
a) examine ways to improve the screening process for individuals who are arrested and taken to jail or prison;
b) study and recommend ways to improve access to adequate mental health screenings for individuals who are in jail or prison;
c) study and address ways to improve screenings for mental health risks, including dangers to the individual and others, for individuals who are in jail or prison; and
d) submit, by December 31, 2026, and December 31, 2027, a report regarding the Study Committee's activities and recommendations to the Governor, President and Speaker and provide a copy of the report to the Secretary of State.
3. Requires the Study Committee to meet at least once each year at a date and time determined by the Study Committee.
4. Specifies that Study Committee members are not eligible to receive compensation but are eligible for reimbursement of expenses.
5. Repeals the Study Committee on January 1, 2028.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Removes all modifications and requirements relating to the provision of mental disorder and illness screenings, evaluations and treatment for persons confined in county jails and facilities run by ADCRR, excluding the Study Committee.
House Action Senate Action
PSLE 2/9/26 W/D PS 3/18/26 DPA 6-0-1
HHS 2/16/26 DP 12-0-0-0 ATT 3/24/26 W/D
3rd Read 3/5/26 45-5-9-0-1
Prepared by Senate Research
March 27, 2026
KJA/SDR/ci