Bill Text: AZ SB1310 | 2022 | Fifty-fifth Legislature 2nd Regular | Introduced
Bill Title: Dangerous; incompetent person; evaluation; commitment
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2022-07-06 - Chapter 352 [SB1310 Detail]
Download: Arizona-2022-SB1310-Introduced.html
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REFERENCE TITLE: incompetent defendants; public safety guardianship |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1310 |
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Introduced by Senator Barto
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AN ACT
amending section 13-4517, arizona revised statutes; amending title 14, arizona revised statutes, by adding chapter 5.1; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41-3032.01; relating to guardianship proceedings.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-4517, Arizona Revised Statutes, is amended to read:
13-4517. Incompetent defendants; disposition
A. If the court finds that a defendant is incompetent to stand trial and that there is no substantial probability that the defendant will regain competency within twenty-one months after the date of the original finding of incompetency, any party may request that the court:
1. Remand the defendant to an evaluating agency for the institution of civil commitment proceedings pursuant to title 36, chapter 5. If the defendant is remanded, the prosecutor shall file a petition for evaluation and provide any known criminal history for the defendant.
2. Appoint a guardian initiate proceedings pursuant to title 14, chapter 5 or 5.1.
3. Release the defendant from custody and dismiss the charges against the defendant without prejudice.
B. If the court enters an order pursuant to subsection A, paragraph 1 or 2 of this section, the court may also order an assessment of the defendant's eligibility for private insurance or public benefits that may be applied to the expenses of the defendant's medically necessary maintenance and treatment, including services pursuant to title 36, chapter 29, state-only behavioral health services, title XVIII services and medicare part D prescription drug benefits, supplemental security income and supplemental security disability income.
C. The court may retain jurisdiction over the defendant until the defendant is committed for treatment pursuant to title 36, chapter 5 or a guardian is appointed pursuant to title 14, chapter 5 or 5.1.
D. If the court remands the defendant for the institution of civil commitment proceedings pursuant to title 36, chapter 5 and the court is notified that the defendant has not had a civil commitment evaluation, the court, if it has retained jurisdiction, may order the sheriff to take the defendant into custody so that the court may explore options pursuant to subsection A, paragraph 2 or 3 of this section.
E. If the court is notified that the defendant has not been ordered into treatment pursuant to title 36, chapter 5 and the court has retained jurisdiction, the court may order the sheriff to take the defendant into custody so that the court may explore options pursuant to subsection A, paragraph 2 or 3 of this section.
F. If the court initiates proceedings pursuant to title 14, chapter 5 or 5.1, the court may order the sheriff to retain custody of the defendant during that process and may extend that order during the time that is required for the court to explore options pursuant to subsection A, paragraph 1 or 3 of this section if the court does not order guardianship or public safety guardianship.
Sec. 2. Title 14, Arizona Revised Statutes, is amended by adding chapter 5.1, to read:
CHAPTER 5.1
PUBLIC SAFETY GUARDIANSHIPS
ARTICLE 1. GENERAL PROVISIONS
14-5801. Definitions
In this chapter, unless the context otherwise requires:
1. "Administrator" means the administrator of the Arizona Safety Facility Service.
2. "Director" means the director of the Arizona Office of Public Safety Guardianships.
3. "Incapacitated incompetent person" means a person who both:
(a) is an incapacitated person as defined in section 14-5101.
(b) has been found by a court to be incompetent to stand trial and there is no substantial probability that the person will regain competency within twenty-one months after the date of the original finding of incompetency.
4. "Office" means the Arizona Office of Public Safety Guardianships.
5. "Public safety guardianship" means a guardianship ordered pursuant to this chapter.
6. "Service" means the Arizona Safety Facility Service.
14-5802. Arizona office of public safety guardianships; powers and duties
A. The Arizona Office of Public Safety Guardianships is established.
B. The office shall initiate and administer public safety guardianships pursuant to this chapter.
C. Notwithstanding any other law, the office shall has priority over any other person seeking a guardianship for an incapacitated incompetent person.
D. The governor shall appoint the director pursuant to section 38-211. The director serves at the governor's pleasure. The director is eligible to receive compensation pursuant to section 38-611. The director and all administrators shall be licensed fiduciaries pursuant to section 14-5651. The director may Hire staff and secure office space, equipment and other services that are necessary to carry out the duties of the Office.
14-5803. Public safety guardianship; petition; procedures
A. If the court initiates proceedings pursuant to section 13-4517, the office shall prepare and file a petition for a public safety guardianship of an incapacitated incompetent person.
B. Unless this chapter otherwise requires, The procedures prescribed in chapter 5 of this title apply to public safety guardianships under this chapter.
C. In addition to the information required to be included in a petition pursuant to section 14-5303, the petition for a public safety guardianship shall include a summary of the incapacitated incompetent person's current criminal case and relevant past criminal history.
D. on the filing of a petition, a court-appointed psychiatrist, as defined in section 36-501, shall examine the incapacitated incompetent person. The psychiatrist shall file a report with the court, including the information required pursuant to section 14-5303, and an assessment of whether the incapacitated incompetent person is likely to commit violent acts or cause serious physical harm to another person in the future.
e. The Office is responsible for the costs of the psychiatrist's examination and report and a court-appointed investigator.
f. when considering whether to appoint the office, the court shall consider the incapacitated incompetent person's welfare and potential to commit violent acts or cause serious physical harm to another person in the future if a public safety guardianship is not ordered.
g. The court may appoint the office if the court finds, by clear and convincing evidence, that all of the following apply:
1. The incompetent person is incapacitated.
2. The appointment is necessary to provide for the demonstrated needs of the incapacitated incompetent person.
3. The incapacitated incompetent person's needs cannot be met by less restrictive means, including the use of appropriate technological assistance.
4. The incapacitated incompetent person is likely to commit violent acts or cause serious physical harm to another person in the future if a public safety guardianship is not ordered.
5. The incapacitated incompetent person is likely to be in need of inpatient mental health care and treatment within the period of the public safety guardianship.
h. The incapacitated incompetent person is entitled to assistance of counsel at any proceeding conducted pursuant to this chapter or chapter 5 of this title. If the incapacitated incompetent person is indigent, the court shall appoint counsel.
14-5804. Public safety guardianship; placement; inpatient psychiatric facility
A. A public safety guardianship includes all the powers prescribed in a guardianship pursuant to section 14-5312 and as otherwise provided by law. A Public safety guardianship includes the power to place the incapacitated incompetent person in inpatient psychiatric facilities licensed by the department of health services pursuant to section 14-5312.01 for the duration of the public safety guardianship.
B. When considering placement for an incapacitated incompetent person, the office shall consider the incapacitated incompetent person's best interests as well as public safety.
14-5805. Arizona safety facility service; powers and duties
A. The Arizona Safety Facility Service is established.
B. The governor shall appoint the administrator pursuant to section 38-211. The administrator serves at the governor's pleasure. The administrator is eligible to receive compensation pursuant to section 38-611.
C. The service, either directly or by contract with a private entity or other governmental agency, shall provide a program to treat, house and care for incapacitated incompetent persons who are under a public safety guardianship. The program shall include inpatient services, outpatient services and housing for persons who receive outpatient services. incapacitated incompetent persons who are admitted to the program shall be placed at appropriate levels of care and housing to provide appropriate services and protect the public.
D. On request of the office and after complying with section 14-5312.02, the service or a contractor providing the program shall admit incapacitated incompetent persons to the program. The office may withdraw an incapacitated incompetent person from the program if the office determines that such placement is no longer appropriate considering the incapacitated incompetent person's best interests as well as public safety.
E. If the incapacitated incompetent person has private insurance or public benefits that may be applied to the costs of admission to the program, the private insurance or public benefits shall pay the costs of the incapacitated incompetent person's admission to the program. If the incapacitated incompetent person does not have private insurance or public benefits, the service shall pay the costs of the program.
F. During the incapacitated incompetent person's inpatient stay in the program, the office and the service, or a contractor providing the program, shall take all reasonable steps to facilitate the incapacitated incompetent person's coverage by private insurance or public benefits that may be applied to the costs of admission to the program.
Sec. 3. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3032.01, to read:
41-3032.01. Arizona office of public safety guardianships; termination July 1, 2032
A. The Arizona office of public safety guardianships terminates on July 1, 2032.
B. Title 14, Chapter 5.1 and this section are repealed on January 1, 2033.
Sec. 4. Purpose
Pursuant to section 41-2955, subsection E, Arizona Revised Statutes, the legislature establishes the Arizona office of public safety guardianships to initiate and administer guardianships of persons who are found to be incapacitated and incompetent.
