Bill Amendment: AZ SB1315 | 2015 | Fifty-second Legislature 1st Regular
Bill Title: Incompetent and dangerous defendants; treatment
Status: 2015-02-24 - Senate majority caucus: Do pass [SB1315 Detail]
Download: Arizona-2015-SB1315-SENATE_ADOPTED_AMENDMENT_Judiciary.html
Fifty-second Legislature Judiciary
First Regular Session S.B. 1315
COMMITTEE ON JUDICIARY
SENATE AMENDMENTS TO S.B. 1315
(Reference to printed bill)
Page 5, line 35, strike "another serious offense or violent or aggravated felony" insert "an act of violence"
Page 9, line 38, after the period strike remainder of line
Strike lines 39 and 40
Line 41, strike "records."
Page 10, line 15, strike "transported back to the jail" insert "returned to the custody of the sheriff"
Line 16, after the period insert "If the defendant is out of custody, the court may enter an order directing that the person be taken into custody for purposes of disposition pursuant to this subsection."
Line 19, strike the first and second "county attorney" insert "prosecuting agency"
Lines 28 and 29, strike "the presiding judge of the superior court or the judge's designee,"
Line 41, strike "sixty" insert "sixty‑five"
Page 11, line 4, strike "county attorney" insert "prosecuting agency"
Line 5, after the period insert "The defendant shall be provided with counsel."
Lines 9 and 10, strike "county attorney" insert "prosecuting agency"
Lines 15 and 16, strike "county attorney" insert "prosecuting agency"
Between lines 17 and 18, insert:
"G. At any hearing held pursuant to this section, the court shall order the board to provide the patient's records, including medical and treatment records, to the court and the prosecuting agency."
Reletter to conform
Page 14, line 18, after "Any" insert "known"
Page 16, line 15, after "any" insert "known"
Page 17, line 1, strike "criminal"
Line 2, after the period insert "If the person is out of custody, the court may enter an order directing that the person be taken into custody for disposition pursuant to this subsection."
Between lines 2 and 3, insert:
"Sec. 13. Section 36-524, Arizona Revised Statutes, is amended to read:
36-524. Application for emergency admission for evaluation; requirements; immunity
A. A written application for emergency admission shall be made to an evaluation agency before a person may be hospitalized in the agency.
B. The application for emergency admission shall be made by a person with knowledge of the facts requiring emergency admission. The applicant may be a relative or friend of the person, a peace officer, the admitting officer or another responsible person.
C. The application shall be upon on a prescribed form and shall include the following:
1. A statement by the applicant that he believes on the basis of personal observation that the person is, as a result of a mental disorder, a danger to self or others, and that during the time necessary to complete the prepetition screening procedures set forth in sections 36‑520 and 36‑521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or is likely to inflict serious physical harm upon on another person.
2. The specific nature of the danger.
3. A summary of the observations upon on which the statement of danger is based.
4. Any known criminal history, including whether the person has ever been found incompetent to stand trial pursuant to section 13‑4510.
4. 5. The signature of the applicant.
D. A telephonic application may be made no more than twenty‑four hours prior to a written application. A telephonic application shall be made by or in the presence of a peace officer unless the application is made by a health care provider who is licensed pursuant to title 32, chapter 13, 15, 17 or 19.1 and who is directly involved with the care of a patient who is in a health care facility licensed in this state. For an application made by a doctor or a nurse, the original signature of the applicant on a facsimile copy of the application that contains the applicant's original signature is acceptable, does not have to be notarized and may be submitted as the written application.
E. If the person to be admitted is not already present at the evaluation agency and if the admitting officer, based upon on review of the written or telephonic application and conversation with the applicant and peace officer, has reasonable cause to believe that an emergency examination is necessary, the admitting officer may advise the peace officer, that sufficient grounds exist to take the person into custody and to transport the person to the evaluation agency. The admitting officer shall not be held civilly liable for any acts committed by a person whom the admitting officer did not advise be taken into custody if the admitting officer has in good faith followed the requirements of this section."
Renumber to conform
Page 17, line 36, strike "county attorney" insert "prosecuting agency"; strike "and"
Line 37, strike "petition"; strike "criminal"
Line 38, after "13‑4517" insert ", including a pickup order directing that the person be taken into custody for further proceedings pursuant to section 13‑4517. This subsection does not prevent any person from initiating another court‑ordered evaluation of the person pursuant to this chapter."
Page 18, line 3, after "A." strike remainder of line
Line 4, strike "13‑4510,"
Line 30, after "13‑4510" insert "and to be dangerous pursuant to section 13‑4517"
Page 18, lines 31 and 32, strike "criminal"
Line 34, after the period insert "At any hearing held pursuant to this subsection, the court shall order the medical director to provide the patient's records, including medical and treatment records, to the court and the prosecuting agency."
Page 19, line 23, after "any" insert "known"
Lines 24 and 25, strike "the criminal" insert "a"
Page 20, line 2, after "discharge" insert "; disposition"
Line 3, before "If" insert "A."
Line 8, after the period strike remainder of line
Strike lines 9 and 10, insert:
"B. If the court approves admitting to voluntary treatment a patient who has been found incompetent to stand trial pursuant to section 13‑4510 and to be dangerous pursuant to section 13‑4517, or before discharging that patient, the court shall immediately notify the prosecuting agency of its intention to approve the admission or discharge. The court may direct that the patient be returned to custody for the purpose of disposition pursuant to section 13‑4517. If the person is out of custody, the court may enter an order directing that the patient be taken into custody for disposition pursuant to this subsection. For any hearing held pursuant to this subsection, the court shall order the medical director to provide the patient's records, including medical and treatment records, to the court and the prosecuting agency."
Line 17, after the comma insert "or has been found incompetent to stand trial pursuant to section 13‑4510 and to be dangerous pursuant to section 13‑4517,"
Line 28, after the period insert "Before placing a patient in a least restrictive alternative, the court shall consider whether the patient has been found incompetent to stand trial pursuant to section 13‑4510 and to be dangerous pursuant to section 13‑4517. In all other circumstances,"
Line 29, strike "unless the patient has been found" insert a period
Strike line 30
Line 40, strike "is dangerous pursuant to section 13‑4517 or"
Page 21, line 17, strike "county attorney" insert "prosecuting agency"
Line 20, after the period insert "At any hearing held pursuant to this subsection, the court shall order the medical director to provide the patient's records, including medical and treatment records, to the court and the prosecuting agency."
Page 22, lines 15 and 16, strike "patient's criminal history and the"
Page 26, between lines 4 and 5, insert:
"S. If the court does not find a person to be in need of treatment and the person has been found incompetent to stand trial pursuant to section 13‑4510 and to be dangerous pursuant to section 13‑4517, the court shall immediately notify the court that made the incompetency and dangerous determinations and the prosecuting agency. The person shall be remanded to the court for disposition pursuant to section 13‑4517. If the person is out of custody, the court may enter an order directing the person to be taken into custody for disposition pursuant to this subsection."
Page 27, line 20, strike "five" insert "ten"
Line 40, strike "as well"
Line 41, strike "as the criminal court and the county attorney" insert "and,"
Line 42, after "13‑4510" insert ", to the court as well as the prosecuting agency"
Page 28, line 5, strike "as"
Line 6, strike "well as the criminal court and the county attorney" insert "and,"
Line 7, after "13‑4510" insert ", to the court as well as the prosecuting agency"
Line 32, strike "criminal"
Line 33, after the period insert "The court shall notify the prosecuting agency of any request for approval. At any hearing held pursuant to this subsection, the court shall order the medical director to provide the patient's records, including medical and treatment records, to the court and the prosecuting agency."
Line 42, strike "criminal"
Page 28, line 43, strike "county attorney" insert "prosecuting agency"
Page 29, line 9, strike "that entered the treatment order"
Line 11, strike "criminal court and the county attorney" insert "prosecuting agency"
Line 12, strike ", including the criminal court,"
Line 13, strike "sufficient" insert "necessary"
Line 17, strike "include the patient's criminal history," insert "indicate"
Line 18, after the first "and" insert "shall include"
Between lines 23 and 24, insert:
"D. At any hearing held pursuant to this section, the court shall order that the patient's records, including medical and treatment records, be provided to the court and the prosecuting agency."
Page 30, line 11, strike "criminal"
Line 14, strike "seven" insert "ten"
Page 31, line 15, strike "seven" insert "ten"
Line 32, after the period insert "At any hearing held pursuant to this section, the court shall order the medical director to provide the patient's records, including medical and treatment records, to the court and the prosecuting agency."
Page 32, line 33, strike "immediately" insert "have up to ten days to"
Line 34, strike "criminal"
Line 35, after "orders" insert "necessary"; strike "sufficiently"
Line 37, strike "seven" insert "ten"
Line 38, after the period insert "At any hearing held pursuant to this section, the court shall order the medical director to provide the patient's records, including medical and treatment records, to the court and the prosecuting agency."
Page 36, line 25, after "13‑4510" insert "and to be dangerous pursuant to section 13‑4517"; strike "criminal"
Line 27, strike "criminal"
Line 30, strike "patient's criminal history and the"
Page 37, line 10, after "13‑4510" insert "and to be dangerous pursuant to section 13‑4517"; strike "criminal"
Line 11, strike "county attorney" insert "prosecuting agency"; strike "criminal"
Line 12, strike "county attorney" insert "prosecuting agency"
Line 13, after the period insert "At any hearing held pursuant to this subsection, the court shall order the medical director to provide the patient's records, including medical and treatment records, to the court and the prosecuting agency."
Page 39, line 8, strike ", and the" insert a period
Strike lines 9, 10 and 11
Amend title to conform
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02/18/2015
10:47 AM
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