Bill Text: AZ SB1839 | 2021 | Fifty-fifth Legislature 1st Regular | Chaptered
Bill Title: Guilty except insane; court jurisdiction.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-06-29 - Chapter 390 [SB1839 Detail]
Download: Arizona-2021-SB1839-Chaptered.html
|
Senate Engrossed
guilty except insane; court jurisdiction. |
|
State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
|
|
CHAPTER 390
|
|
SENATE BILL 1839 |
|
|
AN ACT
amending sections 11-584, 12-253, 12-820.02 and 13-502, Arizona Revised Statutes; amending section 13-502, arizona revised statutes, as amended by this act; amending section 13-2503, arizona revised statutes; providing for transferring and renumbering; amending title 13, chapter 38, article 14, Arizona Revised Statutes, by adding a new section 13-3991; amending section 13-3991, Arizona Revised Statutes, as added by this act; amending title 13, chapter 38, article 14, Arizona Revised Statutes, by adding a new section 13-3992; amending section 13-3992, Arizona Revised Statutes, as added by this act; amending sections 13-3993 and 13-3994, Arizona Revised Statutes; amending section 13-3994, Arizona Revised Statutes, as amended by this act; amending title 13, chapter 38, article 14, Arizona Revised Statutes, by adding section 13-3995; amending section 13-3995, Arizona Revised Statutes, as added by this act; amending title 13, chapter 38, article 14, Arizona Revised Statutes, by adding section 13-3996; amending section 13-3996, Arizona Revised Statutes, as added by this act; amending title 13, chapter 38, article 14, Arizona Revised Statutes, by adding section 13-3997; amending section 13-3997, Arizona Revised Statutes, as added by this act; amending title 13, chapter 38, article 14, Arizona Revised Statutes, by adding section 13-3998; amending section 13-3998, Arizona Revised Statutes, as added by this act; amending title 13, chapter 38, article 14, Arizona Revised Statutes, by adding section 13-3999; amending section 13-3999, Arizona Revised Statutes, as added by this act; amending title 13, chapter 38, article 14, Arizona Revised Statutes, by adding section 13-4000; amending section 13-4000, Arizona Revised Statutes, as added by this act; amending title 13, chapter 38, article 14, Arizona Revised Statutes, by adding section 13-4001; amending sections 13-4065, 13-4416, 31-501 and 31-502, Arizona Revised Statutes; repealing title 31, chapter 4, Arizona Revised Statutes; amending sections 36-206 and 36-209, Arizona Revised Statutes; amending title 36, chapter 2, article 1, Arizona Revised Statutes, by adding section 36-220; repealing section 36-220, Arizona Revised Statutes; amending section 36-545.01, Arizona Revised Statutes; repealing section 41-3028.11, Arizona Revised Statutes; amending section 41-3803, Arizona Revised Statutes; relating to the psychiatric security review board.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-584, Arizona Revised Statutes, is amended to read:
11-584. Public defender; duties; reimbursement
A. The public defender shall, on order of the court, shall defend, advise and counsel any person who is entitled to counsel as a matter of law and who is not financially able to employ counsel in the following proceedings and circumstances:
1. Offenses triable in the superior court or justice courts at all stages of the proceedings, including the preliminary examination.
2. Extradition hearings.
3. Mental disorder hearings only if appointed by the court under title 36, chapter 5.
4. Involuntary commitment hearings held pursuant to title 36, chapter 18, only if appointed by the court.
5. Involuntary commitment hearings held pursuant to title 36, chapter 37, if appointed by the court as provided in section 36-3704, subsection C and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments.
6. Juvenile delinquency and incorrigibility proceedings only if appointed by the court under section 8-221.
7. Appeals to a higher court or courts.
8. All juvenile proceedings other than delinquency and incorrigibility proceedings under paragraph 6 of this subsection, including serving as a guardian ad litem, if appointed by the court pursuant to section 8-221 and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments.
9. All mental health hearings regarding release recommendations that are held before in the psychiatric security review board superior court pursuant to section 13-3994, if appointed by the court as provided in section 31-502, subsection A, paragraph 8 title 13, chapter 38, article 14 and the board of supervisors has advised the presiding judge of the superior court in the county that the public defender is authorized to accept these appointments.
10. As attorneys in any other proceeding or circumstance in which a party is entitled to counsel as a matter of law if the court appoints the public defender and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments as specified.
B. The public defender shall perform the following duties:
1. Keep a record of all services rendered by the public defender in that capacity and file with the board of supervisors an annual report of those services.
2. By December 1 of each year, file with the presiding judge of the superior court, the chief probation officer and the board of supervisors an annual report on the average cost of defending a felony case.
C. Although the services of the public defender or court appointed counsel shall be without expense to the defendant, the juvenile, a parent or any other party, the court may make the following assessments:
1. Order an indigent administrative assessment of not more than twenty-five dollars $25.
2. Order an administrative assessment fee of not more than twenty-five dollars $25 to be paid by the juvenile or the juvenile's parent or guardian.
3. Require that the defendant, including a defendant who is placed on probation, a juvenile, a parent or any other party who is appointed counsel under subsection A of this section repay to the county a reasonable amount to reimburse the county for the cost of the person's legal services. Reimbursement for legal services in a delinquency, dependency or termination proceeding shall be ordered pursuant to section 8-221. Reimbursement for legal services in a guardianship or conservatorship proceeding shall be ordered pursuant to section 14-5414.
D. In determining the amount and method of payment the court shall take into account the financial resources of the defendant and the nature of the burden that the payment will impose.
E. Assessments collected pursuant to subsection C of this section shall be paid into the county general fund in the account designed for use solely by the public defender and court appointed counsel to defray the costs of public defenders and court appointed counsel. The assessments shall supplement, not supplant, funding provided by counties for public defense, legal defense and contract indigent defense counsel in each county.
Sec. 2. Section 12-253, Arizona Revised Statutes, is amended to read:
12-253. Powers and duties
The adult probation officer shall:
1. Make and file a complete record of persons placed under suspended sentence by the court, and of all reports made to the officer in writing or in person, in accordance with the conditions imposed by the court.
2. Exercise general supervision and observation over persons under suspended sentence and supervision pursuant to section 13-3994, subject to control and direction by the court.
3. Serve warrants, make arrests and bring persons before the court who are under suspended sentences. The officer has the authority of a peace officer in the performance of the officer's duties.
4. Investigate cases referred to the officer for investigation by the court in which the officer is serving and report to the court. In an investigation for a presentence report, the adult probation officer shall promptly inquire into the circumstances of the offense, the convicted person's history of delinquency or criminality, social history, employment history, family situation, economic status, including the ability to contribute to reimbursement for the costs of the person's legal defense pursuant to section 11-584, education and personal habits. The presentence report shall contain a recommendation by the officer regarding contribution by the convicted person toward the costs of legal defense pursuant to section 11-584. The officer shall also promptly inquire into the physical, emotional and financial impact of the offense on the victim and the emotional and financial impact of the offense on the immediate family of the victim and shall notify the victim or the immediate family of the victim of the right to appear personally or by counsel at any aggravation or mitigation proceeding.
5. Secure and keep a complete identification record of every person released under a suspended sentence and a written statement of the conditions of the suspension.
6. Obtain and assemble information concerning the conduct of persons placed under suspended sentence and report the information to the court.
7. Bring defaulting probationers into court when in the probation officer's judgment the conduct of the probationer justifies the court to revoke suspension of the sentence.
8. Monitor the payment of restitution.
Sec. 3. Section 12-820.02, Arizona Revised Statutes, is amended to read:
12-820.02. Qualified immunity
A. Unless a public employee acting within the scope of the public employee's employment intended to cause injury or was grossly negligent, neither a public entity nor a public employee is liable for:
1. The failure to make an arrest or the failure to retain an arrested person in custody.
2. An injury caused by an escaping or escaped prisoner or a youth committed to the department of juvenile corrections.
3. An injury resulting from the probation, community supervision or discharge of a prisoner or a youth committed to the department of juvenile corrections, from the terms and conditions of the prisoner's or youth's probation or community supervision or from the revocation of the prisoner's or youth's probation, community supervision or conditional release under the psychiatric security review board jurisdiction of the superior court.
4. An injury caused by a prisoner to any other prisoner or an injury caused by a youth committed to the department of juvenile corrections to any other committed youth.
5. The issuance of or failure to revoke or suspend any permit, license, certificate, approval, order or similar authorization for which absolute immunity is not provided pursuant to section 12-820.01.
6. The failure to discover violations of any provision of law when inspections are done of property other than property owned by the public entity in question.
7. An injury to the driver of a motor vehicle that is attributable to the violation by the driver of section 28-693, 28-1381 or 28-1382.
8. The failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under any federal law or any law of this state.
9. Preventing the sale or transfer of a handgun to a person who may lawfully receive or possess a handgun.
10. The failure to detain a juvenile taken into temporary custody or arrested for a criminal offense or delinquent or incorrigible act in the appropriate detention facility, jail or lockup described in section 8-305.
11. An injury caused by a peace officer if the injury was caused by any act or omission while rendering emergency care at the scene of an emergency occurrence.
B. The qualified immunity provided in this section applies to a public entity or public employee if the injury or damage was caused by a contractor's employee or a contractor of a public entity acting within the scope of the contract. The qualified immunity provided in this section does not apply to the contractor or the contractor's employee.
Sec. 4. Section 13-502, Arizona Revised Statutes, is amended to read:
13-502. Insanity test; burden of proof; guilty except insane verdict
A. A person may be found guilty except insane if at the time of the commission of the criminal act the person was afflicted with a mental disease or defect of such severity that the person did not know the criminal act was wrong. A mental disease or defect constituting legal insanity is an affirmative defense. Mental disease or defect does not include disorders that result from acute voluntary intoxication or withdrawal from alcohol or drugs, character defects, psychosexual disorders or impulse control disorders. Conditions that do not constitute legal insanity include but are not limited to momentary, temporary conditions arising from the pressure of the circumstances, moral decadence, depravity or passion growing out of anger, jealousy, revenge, hatred or other motives in a person who does not suffer from a mental disease or defect or an abnormality that is manifested only by criminal conduct.
B. In a case involving the death or serious physical injury of or the threat of death or serious physical injury to another person, if a plea of insanity is made and the court determines that a reasonable basis exists to support the plea, the court may commit the defendant to a secure state mental health facility under the department of health services, a secure county mental health evaluation and treatment facility or another secure licensed mental health facility for up to thirty days for mental health evaluation and treatment. Experts at the mental health facility who are licensed pursuant to title 32, who are familiar with this state's insanity statutes, who are specialists in mental diseases and defects and who are knowledgeable concerning insanity shall observe and evaluate the defendant. The expert or experts who examine the defendant shall submit a written report of the evaluation to the court, the defendant's attorney and the prosecutor. The court shall order the defendant to pay the costs of the mental health facility to the clerk of the court. The clerk of the court shall transmit the reimbursements to the mental health facility for all of its costs. If the court finds the defendant is indigent or otherwise is unable to pay all or any of the costs, the court shall order the county to reimburse the mental health facility for the remainder of the costs. Notwithstanding section 36-545.02, the mental health facility may maintain the reimbursements. If the court does not commit the defendant to a secure state mental health facility, a secure county mental health evaluation and treatment facility or another secure licensed mental health facility, the court shall appoint an independent expert who is licensed pursuant to title 32, who is familiar with this state's insanity statutes, who is a specialist in mental diseases and defects and who is knowledgeable concerning insanity to observe and evaluate the defendant. The expert who examines the defendant shall submit a written report of the evaluation to the court, the defendant's attorney and the prosecutor. The court shall order the defendant to pay the costs of the services of the independent expert to the clerk of the court. The clerk of the court shall transmit the reimbursements to the expert. If the court finds the defendant is indigent or otherwise unable to pay all or any of the costs, the court shall order the county to reimburse the expert for the remainder of the costs. This subsection does not prohibit the defendant or this state from obtaining additional psychiatric examinations by other mental health experts who are licensed pursuant to title 32, who are familiar with this state's insanity statutes, who are specialists in mental diseases and defects and who are knowledgeable concerning insanity.
C. The defendant shall prove the defendant's legal insanity by clear and convincing evidence.
D. If the finder of fact finds the defendant guilty except insane, the court shall determine the sentence the defendant could have received pursuant to section 13-707 or section 13-751, subsection A or the presumptive sentence the defendant could have received pursuant to section 13-702, section 13-703, section 13-704, section 13-705, section 13-706, subsection A, section 13-710 or section 13-1406 if the defendant had not been found insane, and the judge shall suspend the sentence the defendant to a term of incarceration in the state department of corrections and shall order the defendant to be placed under the jurisdiction of the psychiatric security review board and committed to a secure state mental health facility under the department of health services pursuant to section 13-3994 13-3992 for the length of that term sentence. In making this determination the court shall not consider the sentence enhancements for prior convictions under section 13-703 or 13-704. The court shall expressly identify each act that the defendant committed and separately find whether each act involved the death or physical injury of or a substantial threat of death or physical injury to another person.
E. A guilty except insane verdict is not a criminal conviction for sentencing enhancement purposes under section 13-703 or 13-704.
Sec. 5. Section 13-502, Arizona Revised Statutes, as amended by section 4 of this act, is amended to read:
13-502. Insanity test; burden of proof; guilty except insane verdict
A. A person may be found guilty except insane if at the time of the commission of the criminal act the person was afflicted with a mental disease or defect of such severity that the person did not know the criminal act was wrong. A mental disease or defect constituting legal insanity is an affirmative defense. Mental disease or defect does not include disorders that result from acute voluntary intoxication or withdrawal from alcohol or drugs, character defects, psychosexual disorders or impulse control disorders. Conditions that do not constitute legal insanity include momentary, temporary conditions arising from the pressure of the circumstances, moral decadence, depravity or passion growing out of anger, jealousy, revenge, hatred or other motives in a person who does not suffer from a mental disease or defect or an abnormality that is manifested only by criminal conduct.
B. In a case involving the death or serious physical injury of or the threat of death or serious physical injury to another person, if a plea of insanity is made and the court determines that a reasonable basis exists to support the plea, the court may commit the defendant to a secure state mental health facility under the department of health services, a secure county mental health evaluation and treatment facility or another secure licensed mental health facility for up to thirty days for mental health evaluation and treatment. Experts at the mental health facility who are licensed pursuant to title 32, who are familiar with this state's insanity statutes, who are specialists in mental diseases and defects and who are knowledgeable concerning insanity shall observe and evaluate the defendant. The expert or experts who examine the defendant shall submit a written report of the evaluation to the court, the defendant's attorney and the prosecutor. The court shall order the defendant to pay the costs of the mental health facility to the clerk of the court. The clerk of the court shall transmit the reimbursements to the mental health facility for all of its costs. If the court finds the defendant is indigent or otherwise is unable to pay all or any of the costs, the court shall order the county to reimburse the mental health facility for the remainder of the costs. Notwithstanding section 36-545.02, the mental health facility may maintain the reimbursements. If the court does not commit the defendant to a secure state mental health facility, a secure county mental health evaluation and treatment facility or another secure licensed mental health facility, the court shall appoint an independent expert who is licensed pursuant to title 32, who is familiar with this state's insanity statutes, who is a specialist in mental diseases and defects and who is knowledgeable concerning insanity to observe and evaluate the defendant. The expert who examines the defendant shall submit a written report of the evaluation to the court, the defendant's attorney and the prosecutor. The court shall order the defendant to pay the costs of the services of the independent expert to the clerk of the court. The clerk of the court shall transmit the reimbursements to the expert. If the court finds the defendant is indigent or otherwise unable to pay all or any of the costs, the court shall order the county to reimburse the expert for the remainder of the costs. This subsection does not prohibit the defendant or this state from obtaining additional psychiatric examinations by other mental health experts who are licensed pursuant to title 32, who are familiar with this state's insanity statutes, who are specialists in mental diseases and defects and who are knowledgeable concerning insanity.
C. The defendant shall prove the defendant's legal insanity by clear and convincing evidence.
D. If the finder of fact finds the defendant guilty except insane, the court shall determine the sentence the defendant could have received pursuant to section 13-707 or section 13-751, subsection A or the presumptive sentence the defendant could have received pursuant to section 13-702, section 13-703, section 13-704, section 13-705, section 13-706, subsection A, section 13-710 or section 13-1406 if the defendant had not been found insane, and the judge shall suspend the sentence and shall order the defendant to be placed and remain under the jurisdiction of the psychiatric security review board superior court and committed to a secure state mental health facility under the department of health services pursuant to section 13-3992 for the length of that sentence. In making this determination the court shall not consider the sentence enhancements for prior convictions under section 13-703 or 13-704. The court shall expressly identify each act that the defendant committed and separately find whether each act involved the death or physical injury of or a substantial threat of death or physical injury to another person.
E. A guilty except insane verdict is not a criminal conviction for sentencing enhancement purposes under section 13-703 or 13-704.
Sec. 6. Section 13-2503, Arizona Revised Statutes, is amended to read:
13-2503. Escape in the second degree; classification
A. A person commits escape in the second degree by knowingly:
1. Escaping or attempting to escape from a juvenile secure care facility, a juvenile detention facility or an adult correctional facility; or
2. Escaping or attempting to escape from custody imposed as a result of having been arrested for, charged with or found guilty of a felony; or
3. Escaping or attempting to escape from the Arizona state hospital if the person was committed to the hospital for treatment pursuant to section 8-291.09, 13-502, 13-3994 13-3992, 13-4507, 13-4512 or 31-226 or rule 11 of the Arizona rules of criminal procedure; or
4. Escaping or attempting to escape from the Arizona state hospital if the person was committed to the hospital for treatment pursuant to title 36, chapter 37.
B. Escape in the second degree pursuant to subsection A, paragraph 1, 2 or 4 of this section is a class 5 felony, and the sentence imposed for a violation of this section shall run consecutively to any sentence of imprisonment for which the person was confined or to any term of community supervision for the sentence including probation, parole, work furlough or any other release. Escape in the second degree pursuant to subsection A, paragraph 3 of this section is a class 2 misdemeanor.
Sec. 7. Heading change
The article heading of title 13, chapter 38, article 14, Arizona Revised Statutes, is changed from "PROCEDURES ON ISSUE OF INSANITY OF DEFENDANT" to "PSYCHIATRIC SECURITY REVIEW BOARD".
Sec. 8. Transfer and renumber
Sections 13-3991 and 13-3992, Arizona Revised Statutes, are transferred and renumbered for placement in title 13, chapter 41, Arizona Revised Statutes, as sections 13-4519 and 13-4520, respectively.
Sec. 9. Title 13, chapter 38, article 14, Arizona Revised Statutes, is amended by adding a new section 13-3991, to read:
13-3991. Definitions
In this article, unless the context otherwise requires:
1. "Board" means the psychiatric security review board.
2. "Chairperson" means the presiding officer of the board.
3. "Clear and convincing evidence" means evidence that makes the existence of a claim highly probable and that is more than a preponderance but less than beyond a reasonable doubt.
4. "Conditional release" means release from a secure mental health facility under the specified written conditions.
5. "Dangerous" means a danger of inflicting serious physical harm on oneself or others, including attempted suicide or the serious threat of suicide, if the threat is such that, when considered in the light of the threat's context and any previous acts, the threat is substantially supportive of an expectation that it will be carried out.
6. "Independent pass" means a pass that allows a person to spend independent time in the community while remaining a resident of a secure mental health facility.
7. "Mental disease or defect" means a condition that was the basis for a person being found guilty except insane pursuant to section 13-502 or that was subsequently diagnosed while the person was committed to the secure mental health facility and for which the person needs ongoing mental health treatment.
8. "Mental health report" means a report that is requested by the board, that is written by a treatment supervisor or other qualified expert, that documents the condition of a person's mental health and that, at a minimum, includes all of the following:
(a) The person's mental condition, symptoms and diagnosis on admission to a secure mental health facility.
(b) The person's current mental condition, symptoms and diagnosis.
(c) A description of the person's treatment regimen, including any prescribed medications and the person's compliance with the prescribed medications.
(d) A description of the person's typical interactions with staff and peers and any significant variation in typical interactions.
(e) If symptoms of mental disease or defect are in remission, how long the symptoms have been in remission and what factors have contributed to the remission.
(f) Any recommendation for changes in conditional release status and the clinical reasons for the recommendation.
(g) A risk assessment, if clinically indicated.
10. "Pass supervisor" means a person or agency representative who is approved by the board to accompany a person on approved conditional release for pass privileges.
11. "Propensity to reoffend" means the likelihood that a person will violently reoffend based on the person's history of criminal behavior or involvement in the criminal justice system.
12. "Qualified expert" means a psychologist or psychiatrist who:
(a) Is familiar with inpatient and outpatient treatment services in this state.
(b) Is qualified by education and experience to diagnose, evaluate and make clinical recommendations for a person with a mental disease, defect or disorder.
(c) If rendering an assessment of a person's safety in the community, has education and training in and uses valid and reliable risk assessment tools.
13. "Risk assessment" means a comprehensive assessment of a person's risk for violent behavior that is conducted by a qualified expert and that includes all of the following:
(a) The person's identifying information.
(b) The reason for the risk assessment and a list of the records reviewed, the sources of the information and any psychological tests or risk assessment tools administered.
(c) A thorough history of the person's psychosocial development and criminal history, including the index offense and any other history of violence.
(d) A clinical assessment, including the person's mental health, physical health and substance abuse history, the person's course of treatment progress or regress, the person's understanding of the committing offense, how the mental disease or defect contributed to the person's violent behavior, the person's plans if granted conditional release and a current mental status examination of the person.
(e) The person's progress and regress in treatment, including:
(i) Active management in treatment.
(ii) Medication compliance.
(iii) Meeting or exceeding treatment goals.
(iv) A history of rule violations.
(v) compliance with conditions of release, if applicable.
(vi) Acceptance of having a mental illness and the need for treatment.
(vii) The level of reliance on as needed medications to treat symptoms of mental illness.
(f) An assessment of the person's risk for violence, including the propensity to reoffend.
(g) Case formulation and recommendations, including the person's relative risk for violence in the context of the proposed release conditions, the identification of risk variables that require ongoing management, any treatment recommendations, any recommended amendments to conditional release and an opinion regarding when an updated risk assessment might be warranted.
14. "Secure mental health facility" means a secure state mental health facility that is under the department of health services.
15. "Stable remission" means a clinical state in which there is an absence or marked attenuation in the signs and symptoms of major mental illness.
16. "Sufficient cause" means a reasonable belief that the circumstance is true or necessary and is less than a preponderance.
17. "Treatment supervisor" means a qualified expert who is a person's inpatient or outpatient supervising and treating clinician.
Sec. 10. Section 13-3991, Arizona Revised Statutes, as added by section 9 of this act, is amended to read:
13-3991. Definitions
In this article, unless the context otherwise requires:
1. "Board" means the psychiatric security review board.
2. "Chairperson" means the presiding officer of the board.
3. "Clear and convincing evidence" means evidence that makes the existence of a claim highly probable and that is more than a preponderance but less than beyond a reasonable doubt.
4. 1. "Conditional release" means release from a secure mental health facility under the specified written conditions.
5. 2. "Dangerous" means a danger of inflicting serious physical harm on oneself or others, including attempted suicide or the serious threat of suicide, if the threat is such that, when considered in the light of the threat's context and any previous acts, the threat is substantially supportive of an expectation that it will be carried out.
6. 3. "Independent pass" means a pass that allows a person to spend independent time in the community while remaining a resident of a secure mental health facility.
7. 4. "Mental disease or defect" means a condition that was the basis for a person being found guilty except insane pursuant to section 13-502 or that was subsequently diagnosed while the person was committed to the secure mental health facility and for which the person needs ongoing mental health treatment.
8. 5. "Mental health report" means a report that is requested by the board, that is written by a treatment supervisor or other qualified expert, that documents the condition of a person's mental health and that, at a minimum, includes all of the following:
(a) The person's mental condition, symptoms and diagnosis on admission to a secure mental health facility.
(b) The person's current mental condition, symptoms and diagnosis.
(c) A description of the person's treatment regimen, including any prescribed medications and the person's compliance with the prescribed medications.
(d) A description of the person's typical interactions with staff and peers and any significant variation in typical interactions.
(e) If symptoms of mental disease or defect are in remission, how long the symptoms have been in remission and what factors have contributed to the remission.
(f) Any recommendation for changes in conditional release status and the clinical reasons for the recommendation.
(g) A risk assessment, if clinically indicated.
9. 6. "Parties" includes the person under the board's court's jurisdiction, the secure mental health facility, the outpatient treatment supervisor and the county attorney or the attorney general who is representing the state.
10. 7. "Pass supervisor" means a person or agency representative who is approved by the board court to accompany a person on approved conditional release for pass privileges.
11. 8. "Propensity to reoffend" means the likelihood that a person will violently reoffend based on the person's history of criminal behavior or involvement in the criminal justice system.
12. 9. "Qualified expert" means a psychologist or psychiatrist who:
(a) Is familiar with inpatient and outpatient treatment services in this state.
(b) Is qualified by education and experience to diagnose, evaluate and make clinical recommendations for a person with a mental disease, defect or disorder.
(c) If rendering an assessment of a person's safety in the community, has education and training in and uses valid and reliable risk assessment tools.
13. 10. "Risk assessment" means a comprehensive assessment of a person's risk for violent behavior that is conducted by a qualified expert and that includes all of the following:
(a) The person's identifying information.
(b) The reason for the risk assessment and a list of the records reviewed, the sources of the information and any psychological tests or risk assessment tools administered.
(c) A thorough history of the person's psychosocial development and criminal history, including the index offense and any other history of violence.
(d) A clinical assessment, including the person's mental health, physical health and substance abuse history, the person's course of treatment progress or regress, the person's understanding of the committing offense, how the mental disease or defect contributed to the person's violent behavior, the person's plans if granted conditional release and a current mental status examination of the person.
(e) The person's progress and regress in treatment, including:
(i) Active management in treatment.
(ii) Medication compliance.
(iii) Meeting or exceeding treatment goals.
(iv) A history of rule violations.
(v) Compliance with conditions of release, if applicable.
(vi) Acceptance of having a mental illness and the need for treatment.
(vii) The level of reliance on as needed medications to treat symptoms of mental illness.
(f) An assessment of the person's risk for violence, including the propensity to reoffend.
(g) Case formulation and recommendations, including the person's relative risk for violence in the context of the proposed release conditions, the identification of risk variables that require ongoing management, any treatment recommendations, any recommended amendments to conditional release and an opinion regarding when an updated risk assessment might be warranted.
14. 11. "Secure mental health facility" means a secure state mental health facility that is under the department of health services.
15. 12. "Stable remission" means a clinical state in which there is an absence or marked attenuation in the signs and symptoms of major mental illness.
16. 13. "Sufficient cause" means a reasonable belief that the circumstance is true or necessary and is less than a preponderance.
17. 14. "Treatment supervisor" means a qualified expert who is a person's supervising and treating clinician.
Sec. 11. Title 13, chapter 38, article 14, Arizona Revised Statutes, is amended by adding a new section 13-3992, to read:
13-3992. Commitment hearing in superior court; jurisdiction; census data collection; deferral
A. A person who is found guilty except insane pursuant to section 13-502 shall be committed to a secure mental health facility for a period of treatment.
B. If the person's act did not cause the death or serious physical injury of or the threat of death or serious physical injury to another person, the court shall set a hearing within seventy-five days after the person's commitment to determine if the person is entitled to release from confinement or if the person meets the standards for civil commitment pursuant to title 36, chapter 5. The court shall notify the medical director of the secure mental health facility, the victim and the parties of the date of the hearing. Fourteen days before the hearing, the medical director of the secure mental health facility shall submit a mental health report to the court and the remaining parties addressing whether the person meets the standard for and should be subject to involuntary hospitalization pursuant to title 36, chapter 5.
C. At a hearing held pursuant to subsection B of this section:
1. If the person proves by clear and convincing evidence that the person no longer has a mental disease or defect or that the person still has a mental disease or defect and is not dangerous, the court shall order the person's release and the person's commitment ordered pursuant to section 13-502, subsection D terminates.
2. If the court finds that the person still has a mental disease or defect and may present a threat of danger to self or others or has a grave, persistent or acute disability, the court shall order the county attorney to institute civil commitment proceedings pursuant to title 36, chapter 5 and the person's commitment ordered pursuant to section 13-502, subsection D terminates.
D. If the court finds that the person's act caused the death of or serious physical injury to or the threat of death or serious physical injury to another person, the court shall place the person under the jurisdiction of the board. The court shall state the beginning date, length and ending date of the board's jurisdiction over the person. The length of jurisdiction over the person is equal to the sentence the person could have received pursuant to section 13-707 or section 13-751, subsection A or the presumptive sentence the person could have received pursuant to section 13-702, subsection D or section 13-703, 13-704 or 13-705, section 13-706, subsection A or section 13-710 or 13-1406. In making this determination, the court may not consider the sentence enhancements for prior convictions under section 13-703 or 13-704.
E. If a person is found guilty except insane pursuant to section 13-502, the department of health services shall assume custody of the person within ten days after receiving the order committing the person pursuant to subsection A of this section. The Arizona state hospital shall collect census data for guilty except insane treatment programs to establish maximum funded capacity and the allocation formula required pursuant to section 36-206, subsection D. If the Arizona state hospital reaches its maximum funded capacity for forensic programs, the department of health services may defer the admission of the person found guilty except insane for up to an additional twenty days. The department of health services shall reimburse the county for the actual costs of each day the admission is deferred. If the department of health services is not able to admit the person found guilty except insane at the conclusion of the twenty-day deferral period, the department of health services shall notify the sentencing court, the prosecutor and the defense counsel of this fact. On receipt of this notification, the prosecutor or the person's defense counsel may request a hearing to determine the likely length of time admission will continue to be deferred and whether any other action should be taken. On receipt of the request for hearing, the court shall set a hearing within ten days.
F. The parties shall provide the board and the secure mental health facility with a copy of the court's commitment order and all documents considered by the court or admitted into evidence, including all medical and mental health reports.
G. The court shall retain jurisdiction of all matters that are not specifically delegated to the board for the duration of the board's jurisdiction over the person.
Sec. 12. Section 13-3992, Arizona Revised Statutes, as added by section 11 of this act, is amended to read:
13-3992. Commitment hearing in superior court; jurisdiction; census data collection; deferral
A. A person who is found guilty except insane pursuant to section 13-502 shall be committed to a secure mental health facility for a period of treatment.
B. If the person's act did not cause the death or serious physical injury of or the threat of death or serious physical injury to another person, the court shall set a hearing within seventy-five days after the person's commitment to determine if the person is entitled to release from confinement or if the person meets the standards for civil commitment pursuant to title 36, chapter 5. The court shall notify the medical director of the secure mental health facility, the victim and the parties of the date of the hearing. Fourteen days before the hearing, the medical director of the secure mental health facility shall submit a mental health report to the court and the remaining parties addressing whether the person meets the standard for and should be subject to involuntary hospitalization pursuant to title 36, chapter 5.
C. At a hearing held pursuant to subsection B of this section:
1. If the person proves by clear and convincing evidence that the person no longer has a mental disease or defect or that the person still has a mental disease or defect and is not dangerous, the court shall order the person's release and the person's commitment ordered pursuant to section 13-502, subsection D terminates.
2. If the court finds that the person still has a mental disease or defect and may present a threat of danger to self or others or has a grave, persistent or acute disability, the court shall order the county attorney to institute civil commitment proceedings pursuant to title 36, chapter 5 and the person's commitment ordered pursuant to section 13-502, subsection D terminates.
D. If the court finds that the person's act caused the death of or serious physical injury to or the threat of death or serious physical injury to another person, the court shall place the person under the jurisdiction of the board retain jurisdiction over the person for the entirety of the commitment term. The court shall state the beginning date, length and ending date of the board's commitment term and the court's jurisdiction over the person. The length of jurisdiction over the person is equal to the sentence the person could have received pursuant to section 13-707 or section 13-751, subsection A or the presumptive sentence the person could have received pursuant to section 13-702, subsection D or section 13-703, 13-704 or 13-705, section 13-706, subsection A or section 13-710 or 13-1406. In making this determination, the court may not consider the sentence enhancements for prior convictions under section 13-703 or 13-704.
E. If a person is found guilty except insane pursuant to section 13-502, the department of health services shall assume custody of the person within ten days after receiving the order committing the person pursuant to subsection A of this section. The Arizona state hospital shall collect census data for guilty except insane treatment programs to establish maximum funded capacity and the allocation formula required pursuant to section 36-206, subsection D. If the Arizona state hospital reaches its maximum funded capacity for forensic programs, the department of health services may defer the admission of the person found guilty except insane for up to an additional twenty days. The department of health services shall reimburse the county for the actual costs of each day the admission is deferred. If the department of health services is not able to admit the person found guilty except insane at the conclusion of the twenty-day deferral period, the department of health services shall notify the sentencing court, the prosecutor and the defense counsel of this fact. On receipt of this notification, the prosecutor or the person's defense counsel may request a hearing to determine the likely length of time admission will continue to be deferred and whether any other action should be taken. On receipt of the request for hearing, the court shall set a hearing within ten days.
F. The parties shall provide the board and state and the defendant shall provide the secure mental health facility with a copy of the court's commitment order and all documents considered by the court or admitted into evidence, including all medical and mental health reports.
G. The court shall retain jurisdiction of all matter that are not specifically delegated to the board for the duration of the board's jurisdiction over the person.
Sec. 13. Section 13-3993, Arizona Revised Statutes, is amended to read:
13-3993. Examination of defendant by qualified experts; privilege inapplicability; sealed reports
A. In any criminal prosecution in which the defendant has declared the defendant's intent to invoke an insanity defense, on a showing of unequal resources the state shall have the right to nominate and have appointed for examination of the defendant to determine the defendant's mental state the same number of medical doctors and licensed psychologists that will testify on behalf of the defense.
A. On request of the court or any party, with the consent of the defendant and after a determination that a reasonable basis exists to support the guilty except insane defense, the court shall appoint a qualified expert to evaluate the defendant and provide a written report that includes:
1. The mental status of the defendant at the time of the alleged offense.
2. If the qualified expert determines that the defendant suffered from a mental disease or defect at the time of the alleged offense, the relationship of the mental disease or defect to the alleged offense.
B. Within ten days after appointment of the qualified expert, the parties shall provide all available medical records, mental health reports and criminal history records to the qualified expert. on notice to the court, the qualified expert may request additional records from the parties.
C. If the defendant provides a notice of a guilty except insane defense, the defense attorney shall nominate its own qualified expert to examine the defendant to determine the defendant's mental status at the time of the alleged offense. The state may call the same number of medical doctors and licensed psychologists who will testify on behalf of the defense.
B. D. If a defendant in a criminal prosecution refuses to be examined by the state's mental health qualified experts, the court shall preclude the defendant from offering expert evidence of the defendant's mental state status at the time of the alleged crime offense.
C. E. The privilege of confidential communications between a medical doctor or licensed psychologist qualified expert and the defendant as it relates to the defendant's mental state status at the time of the alleged crime does not apply if any mental disability defense is raised.
D. F. If any mental disability defense is raised, both the state and the defendant shall receive prior to before the trial complete copies of any report by a medical doctor or licensed psychologist qualified expert who examines the defendant to determine the defendant's mental state at the time of the alleged crime or the defendant's competency.
G. After a plea of guilty or after disposition of a matter where the defendant has pleaded guilty except insane, the court shall order all of the reports submitted pursuant to section 13-502 and this article sealed. The court may order that the reports be opened only as follows:
1. For use by the court or defendant, or by the prosecutor if otherwise allowed by law, for further competency or sanity evaluations or in a hearing to determine whether the defendant is eligible for court-ordered treatment pursuant to title 36, chapter 5 or is a sexually violent person.
2. For statistical analysis.
3. When the records are deemed necessary to assist in mental health treatment pursuant to section 13-502 or 13-4517.
4. For use by the probation department or by the state department of corrections if the defendant is in the custody of or is scheduled to be transferred into the custody of the state department of corrections to assess and supervise or monitor the defendant by that department.
5. For use by a mental health treatment provider that provides treatment to the defendant or that assesses the defendant for treatment.
6. For data gathering.
7. For scientific study.
H. Any statement that is made by the defendant during an examination that is conducted pursuant to this article or any evidence resulting from that statement is not subject to disclosure pursuant to section 36-509.
Sec. 14. Section 13-3994, Arizona Revised Statutes, is amended to read:
13-3994. Persons under the jurisdiction of the psychiatric security review board; hearing; mental health report; risk assessment; conditional release; board notices and decisions
A. A person who is found guilty except insane pursuant to section 13-502 shall be committed to a secure state mental health facility under the department of health services for a period of treatment.
B. If the criminal act of the person committed pursuant to subsection A of this section did not cause the death or serious physical injury of or the threat of death or serious physical injury to another person, the court shall set a hearing date within seventy-five days after the person's commitment to determine if the person is entitled to release from confinement or if the person meets the standards for civil commitment pursuant to title 36, chapter 5. The court shall notify the medical director of the mental health facility, the attorney general, the county attorney, the victim and the attorney representing the person, if any, of the date of the hearing. Fourteen days before the hearing the director of the mental health facility shall submit to the court a report addressing the person's mental health and dangerousness.
C. At a hearing held pursuant to subsection B of this section:
1. If the person proves by clear and convincing evidence that the person no longer suffers from a mental disease or defect and is not dangerous, the court shall order the person's release and the person's commitment ordered pursuant to section 13-502, subsection D shall terminate. Before determining to release a person pursuant to this paragraph, the court shall consider the entire criminal history of the person and shall not order the person's release if the court determines that the person has a propensity to reoffend.
2. If the court finds that the person still suffers from a mental disease or defect, may present a threat of danger to self or others, has a grave, persistent or acute disability or has a propensity to reoffend, it shall order the county attorney to institute civil commitment proceedings pursuant to title 36 and the person's commitment ordered pursuant to section 13-502, subsection D shall terminate.
D. If the court finds that the criminal act of the person committed pursuant to subsection A of this section caused the death or serious physical injury of or the threat of death or serious physical injury to another person, the court shall place the person under the jurisdiction of the psychiatric security review board. The court shall state the beginning date, length and ending date of the board's jurisdiction over the person. The length of the board's jurisdiction over the person is equal to the sentence the person could have received pursuant to section 13-707 or section 13-751, subsection A or the presumptive sentence the defendant could have received pursuant to section 13-702, subsection D, section 13-703, section 13-704, section 13-705, section 13-706, subsection A, section 13-710 or section 13-1406. In making this determination the court shall not consider the sentence enhancements for prior convictions under section 13-703 or 13-704. The court shall retain jurisdiction of all matters that are not specifically delegated to the psychiatric security review board for the duration of the presumptive sentence.
E. A. A person who is placed under the jurisdiction of the psychiatric security review board pursuant to subsection D of this section is not eligible for discharge from the board's jurisdiction until the date that the board's jurisdiction over the person expires as set by the committing court or the person's case is transferred back to the superior court.
F. B. The board may set a hearing pursuant to section 13-3995. An outpatient treatment supervisor may request a hearing pursuant to section 13-3996. A person who is placed under the jurisdiction of the psychiatric security review board pursuant to subsection D of this section is not entitled to a hearing before the board earlier than one hundred twenty days after the person's initial commitment. A request for a subsequent release hearing may be made pursuant to subsection H of this section may request a hearing pursuant to section 13-3997. After the hearing, the board may take one of the following actions:
1. If the psychiatric security review board finds that the person still suffers from has a mental disease or defect and is dangerous, the board shall order that the person remain committed at the secure state mental health facility.
2. If the person proves by clear and convincing evidence board finds that the person no longer suffers from needs ongoing treatment for a mental disease or defect and is not dangerous, the psychiatric security review board shall order the person's release transfer to the superior court pursuant to section 13-4001 for either a judicial review or placement on supervised probation for the remainder of the commitment term imposed pursuant to section 13-502, subsection D, or both. The person shall remain under the jurisdiction of the board. Before determining to release transfer a person pursuant to this paragraph, the board shall consider the entire criminal history of the person. and shall not order the person's release if the board determines that the person has a propensity to reoffend. The board's jurisdiction over the person terminates when the person is transferred to the superior court.
3. If the psychiatric security review board finds that the person still suffers from has a mental disease or defect or that the mental disease or defect is in stable remission but the person is no longer dangerous, the board shall order the person's conditional release. The person shall remain under the board's jurisdiction. The board in conjunction with the state mental health facility and behavioral health community providers shall specify the conditions of the person's release. The board shall continue to monitor and supervise a person who is released conditionally. Before the conditional release of a person, a supervised treatment plan shall be in place, including the necessary funding to implement the plan.
4. If the person is sentenced pursuant to section 13-704, section 13-710 or section 13-751, subsection A and the psychiatric security review board finds that the person no longer needs ongoing treatment for a mental disease or defect and the person is dangerous or has a propensity to reoffend, the board shall order the person to be transferred to the state department of corrections for the remainder of the sentence imposed pursuant to section 13-502, subsection D superior court for the imposition of a sentence or a judicial review pursuant to section 13-4001, or both. The board shall consider the safety and protection of the public.
C. A person who is conditionally released is subject to all of the following:
1. The board in conjunction with the secure mental health facility and supervisors from behavioral health community providers shall agree on and specify the conditions of the person's release. The board shall monitor the person on conditional release.
2. Before the person is conditionally released, a supervised treatment plan must be in place.
3. The board may implement the person's Conditional release in incremental steps beginning with supervised passes into the community for increasing lengths of time, continuing through independent passes and ending with release to live in the community. Before implementing Each stage of conditional release, the Board must find by clear and convincing evidence that the community will be protected and the person will be safe under the proposed supervised treatment plan.
4. If approved by the Board, pass supervisors may include members of the inpatient or outpatient treatment team, other mental health treatment providers or other responsible persons who are willing to ensure that the person abides by the conditional release terms.
5. The secure mental health facility shall implement the board's conditional release order or immediately request a hearing pursuant to section 13-3996 to explain why the order has not been implemented and propose a revised order.
G. Within twenty days after the psychiatric security review board orders a person to be transferred to the state department of corrections, the person may file a petition for a judicial determination. The person shall serve a copy of the request on the attorney general. If the person files a petition for a judicial determination, the person shall remain in a state mental health facility pending the result of the judicial determination. The person requesting the judicial determination has the burden of proving the issues by clear and convincing evidence. The judicial determination is limited to the following issues:
1. Whether the person no longer needs ongoing treatment for a mental disease.
2. Whether the person is dangerous or has a propensity to reoffend.
H. A person who is placed under the jurisdiction of the psychiatric security review board pursuant to subsection D of this section may not seek a new release hearing earlier than twenty months after a prior release hearing, except that the medical director of the state mental health facility may request a new release hearing for a person under the jurisdiction of the psychiatric security review board at any time. The person shall not be held in confinement for more than two years without a hearing before the board to determine if the person should be released or conditionally released.
I. D. At any board hearing for release or conditional release pursuant to this section:
1. Public safety and protection are primary.
2. The applicant party or treatment supervisor who is seeking a change in privileges or a change in hospitalization has the burden of proof by clear and convincing evidence.
J. At least fifteen days before a hearing is scheduled to consider a person's release, or before the expiration of the board's jurisdiction over the person, the state mental health facility or supervising agency shall submit to the psychiatric security review board a report on the person's mental health. The psychiatric security review board shall determine whether to release the person or to order the county attorney to institute civil commitment proceedings pursuant to title 36.
K. The procedures for civil commitment govern the continued commitment of the person after the expiration of the jurisdiction of the psychiatric security review board.
L. Before a person is released or conditionally released, at least three of the five psychiatric security review board members shall vote for the release or conditional release.
M. If at any time while the person remains under the jurisdiction of the psychiatric security review board it appears to the board, the chairman or vice-chairman of the board or the medical director of the state mental health facility that the person has failed to comply with the terms of the person's conditional release or that the mental health of the person has deteriorated, the board or the chairman or vice-chairman of the board for good cause or the medical director of the state mental health facility may order that the person be returned to a secure state mental health facility for evaluation or treatment. A written order of the board, the chairman or vice-chairman of the board or the medical director is sufficient warrant for any law enforcement officer to take the person into custody and to transport the person accordingly. Any sheriff or other peace officer shall execute the order and shall immediately notify the board of the person's return to the facility. Within twenty days after the person's return to a secure state mental health facility the board shall conduct a hearing and shall give notice within five days before the hearing of the time and place of the hearing to the person, the victim, the attorney representing the person, the county attorney and the attorney general.
N. The director of a facility that is providing treatment to a person on conditional release or any other person who is responsible for the supervision of the person may take the person or request that the person be taken into custody if there is reasonable cause to believe that the person's mental health has deteriorated to the point that the person's conditional release should be revoked and that the person is in need of immediate care, custody or treatment or that deterioration is likely because of noncompliance with a treatment program. A person who is taken into custody pursuant to this subsection shall be transported immediately to a secure state mental health facility and shall have the same rights as any person appearing before the psychiatric security review board.
O. Before the initial hearing or any other hearing before the psychiatric security review board on the release or conditional release of the person, the person, the attorney who is representing the person and the attorney general or county attorney who is representing the state may choose a psychiatrist licensed pursuant to title 32, chapter 13 or 17 or a psychologist licensed pursuant to title 32, chapter 19.1 to examine the person. All costs in connection with the examination shall be approved and paid by the county of the sentencing court. The written examination results shall be filed with the board and shall include an opinion as to:
1. The mental condition of the person.
2. Whether the person is dangerous.
P. Notwithstanding subsection O of this section, the board or the chairman of the board for good cause may order an independent mental health evaluation by a psychiatrist licensed pursuant to title 32, chapter 13 or 17 or a psychologist licensed pursuant to title 32, chapter 19.1. The written examination results shall be filed with the board pursuant to subsection O of this section.
Q. If a person is found guilty except insane pursuant to section 13-502, the department of health services shall assume custody of the person within ten days after receiving the order committing the person pursuant to subsection A of this section. The Arizona state hospital shall collect census data for guilty except insane treatment programs to establish maximum capacity and the allocation formula required pursuant to section 36-206, subsection D. If the Arizona state hospital reaches its funded capacity for forensic programs, the department of health services may defer the admission of the person found guilty except insane for up to an additional twenty days. The department of health services shall reimburse the county for the actual costs of each day the admission is deferred. If the department of health services is not able to admit the person found guilty except insane at the conclusion of the twenty day deferral period, the department of health services shall notify the sentencing court, the prosecutor and the defense counsel of this fact. On receipt of this notification, the prosecutor or the person's defense counsel may request a hearing to determine the likely length of time admission will continue to be deferred and whether any other action should be taken. On receipt of the request for hearing, the court shall set a hearing within ten days.
R. For the purposes of this section, "state mental health facility" means a secure state mental health facility under the department of health services.
E. Unless otherwise provided in this section or on a showing of sufficient cause, a party or treatment supervisor shall submit a request for a hearing to the board at least forty-five days before the requested hearing date and shall include the reasons for the request. the requesting party shall provide the board, the treatment supervisor, if the request is not made by the treatment supervisor, and all other parties with a copy of the hearing request.
F. The chairperson or vice chairperson of the board shall provide written notice of the hearing or a denied request for a hearing to all parties and the person's treatment supervisor within three days after receiving a request for the hearing. The board may include with the notice a request for a mental health report, an updated risk assessment report and specific records from the person's medical record or testimony from a specific member of the person's treatment team. This subsection does not prohibit the board from issuing a SUBPOENA pursuant to section 41-1092.07.
G. In addition to testimony at any hearing, the board may consider only reports, documents, written statements and materials that are submitted to the board, the treatment supervisor and the parties at least forty-five days before the date of the hearing. A witness must be notified at least fourteen days before the date of the hearing. The board may grant a request to continue a hearing in order to comply with this subsection.
H. The board's decision is effective on issuance of the board's written decision. The Board shall issue a written decision to all parties, any victim and the committing court within seven days after the conclusion of the hearing. The written decision shall contain a summary of the evidence that the Board found to be credible and any evidence that the Board found unpersuasive, specific separately stated findings of fact and conclusions of law and information on the person's right to appeal pursuant to Title 12, chapter 7, article 6. The findings of fact shall include a concise and explicit statement of the underlying facts that support the findings. Any portion of the Board's order that contains personal identifying information about the patient, treatment supervisor or pass supervisor shall be maintained in a separate confidential section and may not be disclosed to the public or to a victim. For the purposes of this subsection, "personal identifying information" includes a person's date of birth, social security number, phone number and address and employer information.
I. ON the request of any party, the board shall grant a reasonable request for a hearing or a continuance for a previously scheduled hearing. A request for a hearing or a continuance for a previously scheduled hearing may be ruled on by the chairperson or vice chairperson. If the request for a hearing or a continuance is denied, the moving party may request that the full board reconsider the request at the next scheduled board meeting.
Sec. 15. Section 13-3994, Arizona Revised Statutes, as amended by section 14 of this act, is amended to read:
13-3994. Persons under the jurisdiction of the superior court; hearing; mental health report; risk assessment; conditional release; hearings and decisions
A. A person who is placed under the jurisdiction of the board superior court pursuant to this section is not eligible for discharge from the board's jurisdiction until the date that the board's jurisdiction over the person expires as set by the committing court or the person's case is transferred back to the superior court.
B. The board A secure mental health facility may set request a hearing pursuant to section 13-3995. An outpatient treatment supervisor may request a hearing pursuant to section 13-3996. A person who is placed under the jurisdiction of the board superior court may request a hearing pursuant to section 13-3997. The person may attend any hearing by video conference from the secure mental health facility. After the hearing, the board court may take one of the following actions:
1. If the board court finds that the person still has a mental disease or defect and is dangerous, the board court shall order that the person remain committed at the secure mental health facility.
2. If the board court finds that the person no longer needs ongoing treatment for a mental disease or defect and is not dangerous, the board court shall order place the person's transfer to the superior court pursuant to section 13-4001 for either a judicial review or placement person on supervised probation for the remainder of the commitment term imposed pursuant to section 13-502, subsection D, or both. Before determining to transfer a person pursuant to this paragraph, the board shall consider the entire criminal history of the person. The board's jurisdiction over the person terminates when the person is transferred to the superior court.
3. If the board court finds that the person still has a mental disease or defect or that the mental disease or defect is in stable remission but the person is no longer dangerous, the board court shall order the person's conditional release. The person shall remain under the board's court's jurisdiction.
4. If the person is could have been sentenced pursuant to section 13-704, section 13-710 or section 13-751, subsection A and the board court finds that the person no longer needs ongoing treatment for a mental disease or defect and the person is dangerous, the board court shall impose the sentence and order the person to be transferred to the superior court state department of corrections for the imposition of a sentence or a judicial review pursuant to section 13-4001, or both. The board shall consider the safety and protection of the public remainder of the commitment term. All time spent under the court's jurisdiction and any time spent committed pursuant to this section shall be credited against any sentence imposed.
C. At the time of sentencing or placement on probation, the court shall notify the person in writing of the person's appeal rights under rule 31, Arizona rules of criminal procedure.
C. D. A person who is conditionally released is subject to all of the following:
1. The board court in conjunction with the secure mental health facility and supervisors from behavioral health community providers shall agree on and specify the conditions of the person's release. The board outpatient provider that is specified in the conditional release plan shall monitor the person on conditional release and notify the court and the secure mental health facility if there is a change in the person's condition.
2. Before the person is conditionally released, a supervised treatment plan must be in place.
3. The board court may implement the person's conditional release in incremental steps beginning with supervised passes into the community for increasing lengths of time, continuing through independent passes and ending with release to live in the community. Before implementing each stage of conditional release, the board court must find by clear and convincing evidence that the community will be protected and the person will be safe under the proposed supervised treatment plan.
4. If approved by the board court, pass supervisors may include members of the inpatient or outpatient treatment team, other mental health treatment providers or other responsible persons who are willing to ensure that the person abides by the conditional release terms.
5. The secure mental health facility shall implement the board's court's conditional release order or immediately request a hearing pursuant to section 13-3996 to explain why the order has not been implemented and propose a revised order.
D. E. At any board hearing for release or conditional release:
1. Public safety and protection are primary.
2. The party or treatment supervisor who is seeking a change in privileges or a change in hospitalization has the burden of proof by clear and convincing evidence.
E. F. Unless otherwise provided in this section or on a showing of sufficient cause, a party or treatment supervisor shall submit a request for a hearing to the board pursuant to section 13-3995, 13-3996 or 13-3997 at least forty-five days before the requested hearing date and shall include the reasons for the request. The requesting party shall provide the board court, the treatment supervisor, if the request is not made by the treatment supervisor, and all other parties with a copy of the hearing request. When a hearing is set, The court shall order the treatment supervisor to submit a mental health report.
F. The chairperson or vice chairperson of the board shall provide written notice of the hearing or a denied request for a hearing to all parties and the person's treatment supervisor within three days after receiving a request for the hearing. The board may include with the notice a request for a mental health report, an updated risk assessment report and specific records from the person's medical record or testimony from a specific member of the person's treatment team. This subsection does not prohibit the board from issuing a subpoena pursuant to section 41-1092.07.
G. In addition to testimony at any hearing, the board may consider only reports, documents, written statements and materials that are submitted to the board, the treatment supervisor and the parties at least forty-five days before the date of the hearing. A witness must be notified at least fourteen days before the date of the hearing. The board may grant a request to continue a hearing in order to comply with this subsection.
H. G. The board's court's decision is effective on issuance of the board's written decision oral pronouncement. The board shall issue a written decision to all parties, any victim and the committing court within seven days after the conclusion of the hearing. The written decision shall contain a summary of the evidence that the board found to be credible and any evidence that the board found unpersuasive, specific separately stated findings of fact and conclusions of law and information on the person's right to appeal pursuant to title 12, chapter 7, article 6. The findings of fact shall include a concise and explicit statement of the underlying facts that support the findings. Any portion of the board's court's order that contains personal identifying information about the patient, treatment supervisor or pass supervisor shall be maintained in a separate confidential section sealed by the court and may not be disclosed to the public or to a victim. For the purposes of this subsection, "personal identifying information" includes a person's date of birth, social security number, phone number and address and employer information.
I. On the request of any party, the board shall grant a reasonable request for a hearing or a continuance for a previously scheduled hearing. A request for a hearing or a continuance for a previously scheduled hearing may be ruled on by the chairperson or vice chairperson. If the request for a hearing or a continuance is denied, the moving party may request that the full board reconsider the request at the next scheduled board meeting.
Sec. 16. Title 13, chapter 38, article 14, Arizona Revised Statutes, is amended by adding section 13-3995, to read:
13-3995. Hearing on motion of the psychiatric security review board; expedited hearing; return to hospitalization
a. the psychiatric security review Board, on the board's own motion, may set a hearing to monitor a person's progress after giving at least sixty days' notice to the parties and the treatment supervisor. The Board may order the person's treatment supervisor to provide a mental health report to the Board and the parties within thirty days after providing the notice of the hearing.
B. If sufficient cause exists, the Board may set an expedited hearing to monitor a person's progress or mental health. The board must include in the notice of hearing the specific reasons for the expedited hearing and attach all documents and evidence that support the need for the hearing, including any of the board's concerns that need to be addressed by the parties or the treatment supervisor. The Board may order an expedited mental health report from the person's treatment supervisor.
C. If a person is conditionally released to the community and the Board receives a reliable report that the person has violated the board's conditional release order or that the person's mental health has deteriorated, the Chairperson or Vice Chairperson of the board may order the person's return to hospitalization. Before ordering a person's return to hospitalization, the Chairperson or Vice chairperson shall consult with the treatment supervisor or the supervisor's designee to determine if rehospitalization is necessary to protect the safety of the public or the person. WIth sufficient cause, the chairperson or vice chairperson may waive the requirement to consult with the treatment supervisor or the supervisor's designee and may issue the return order immediately. If the return order is issued before a consultation occurs, the Chairperson or Vice chairperson shall consult with the treatment supervisor or the treatment supervisor's designee as soon as possible after the order is issued. The board must set a hearing pursuant to section 13-3998.
D. Whether on the board's motion or on motion of the person or treatment supervisor, the board must hold a hearing for each person under the board's jurisdiction at least once every twenty-four months.
Sec. 17. Section 13-3995, Arizona Revised Statutes, as added by section 16 of this act, is amended to read:
13-3995. Hearing on motion of the secure mental health facility; expedited hearing; return to hospitalization
A. The psychiatric security review board, on the board's own motion, may set On the request of the secure mental health facility, the court shall grant a hearing to monitor a person's progress after giving at least sixty days' notice to the parties and the treatment supervisor on conditional release. The secure mental health facility shall include in the request the specific reasons for requesting the hearing and any records, under seal, of communications and reports that support the need for the hearing. The board may On the request of the person or the secure mental health facility, the court shall order the person's outpatient treatment supervisor to provide a mental health report to the board court and the parties within thirty not later than fourteen days after providing the notice of before the hearing.
B. If sufficient cause exists, the secure mental health facility may request an expedited hearing. If requested, the board may court shall set an expedited hearing to monitor a person's progress or mental health. The board secure mental health facility must include in the notice of request for the hearing the specific reasons for the expedited hearing and attach all documents and evidence include records, under seal, of all communications and reports that support the need for the expedited hearing, including any of the board's concerns that need to be addressed by the parties or the treatment supervisor. The board court may order an expedited mental health report from the person's outpatient treatment supervisor.
C. If a person is conditionally released to the community and the board receives a reliable report secure mental health facility has reason to believe that the person has violated the board's conditional release order or that the person's mental health has deteriorated, the chairperson or vice chairperson of the board chief medical officer or the chief medical officer's designee may order the person's return to hospitalization. Before ordering a person's return to hospitalization, the chairperson or vice chairperson chief medical officer or the chief medical officer's designee shall consult with the outpatient treatment supervisor or the outpatient treatment supervisor's designee to determine if rehospitalization is necessary to protect the safety of the public or the person. With sufficient cause, the chairperson or vice chairperson chief medical officer or the chief medical officer's designee may waive the requirement to consult with the outpatient treatment supervisor or the outpatient treatment supervisor's designee and may issue the return order immediately. If the return order is issued before a consultation occurs, the chairperson or vice chairperson chief medical officer or the chief medical officer's designee shall consult with the outpatient treatment supervisor or the treatment supervisor's designee as soon as possible after the order is issued. The board court shall be notified immediately and must set a hearing pursuant to section 13-3998.
D. Whether on the board's motion or on motion of the person or treatment supervisor, the board must hold a hearing for each person under the board's jurisdiction at least once every twenty-four months.
D. All monthly monitoring reports regarding a person who is on conditional release shall be reviewed by the outpatient treatment supervisor, and the outpatient treatment supervisor shall notify the court and the secure mental health facility of any changes in the person's condition.
Sec. 18. Title 13, chapter 38, article 14, Arizona Revised Statutes, is amended by adding section 13-3996, to read:
13-3996. Hearing on request of the treatment supervisor; requirements; release terms
a. the psychiatric security review Board shall grant a hearing that is requested by a treatment supervisor. The treatment supervisor shall submit the request to the Board and the parties simultaneously and include a mental health report that specifies the reasons for the request.
B. If a treatment supervisor believes that the person has violated a conditional release term or that the person's mental health has deteriorated, the Board shall grant the treatment supervisor's request for a hearing and:
1. If the person is residing in a secure mental health facility, the treatment supervisor may suspend the person's conditional release pending the hearing and a determination by the Board. The treatment supervisor shall submit a written mental health report, including the circumstances and the reasons for any proposed change, to the Board and the parties within seven days after the request for a hearing.
2. If the person is conditionally released to the community, the Chairperson or Vice chairperson of the board may order the person's return to hospitalization and set a hearing pursuant to section 13-3998. If the person is returned to hospitalization, the outpatient treatment supervisor shall submit A mental health report to the Board and the parties Within three days after a request is made pursuant to this subsection. The mental health report must provide all of the information that was considered before granting the return order.
3. If the safety of the community or the person is not at risk, the Chairperson or Vice Chairperson, pending the hearing and the board's determination, may allow the person to remain in the community subject to the person's conditional release terms. If the person remains in the community, the outpatient treatment supervisor shall submit A mental health report to the Board and the parties Within seven days after the request is made pursuant to this subsection.
C. If the person is conditionally released to the community and the outpatient treatment supervisor has reasonable cause to believe that the person has violated any term of conditional release, is in need of immediate care, custody or treatment at a secure mental health facility or that the person's mental health creates a risk to the safety of the public or any person, the outpatient treatment supervisor shall consult with the secure mental health facility, and the chief medical officer for the secure mental health facility may order that the person be taken into custody and transported to a secure mental health facility. The person shall be immediately admitted to the secure mental health facility. the outpatient treatment supervisor shall immediately provide written notice to the board, the parties and the chief medical officer of the secure mental health facility that confirms that the person has been admitted pursuant to this section. On receiving the notice, the Board shall set a hearing pursuant to section 13-3998. the hearing must occur within seven days after the person's admission to the secure mental health facility, except that the board may continue the hearing for good cause or on agreement of the parties. The outpatient treatment supervisor shall submit a written mental health report to the Board and the parties within three days after the person's return and must include all of the information that was considered before ordering the person's return.
Sec. 19. Section 13-3996, Arizona Revised Statutes, as added by section 18 of this act, is amended to read:
13-3996. Hearing on request of the treatment supervisor; requirements; release terms
A. The psychiatric security review board on the request of a treatment supervisor, the court shall grant a hearing that is requested by a treatment supervisor to review the status of the person under supervision. The treatment supervision shall include in the request the specific reasons for requesting the hearing and include any records, under seal, of communications and reports that support the need for the hearing. The treatment supervisor shall submit the request to the board court and the parties simultaneously and include a mental health report that specifies the reasons for the request under seal.
B. If the treatment supervisor's recommendation includes a request for the addition of or changes to conditional release status, a proposed form of order must accompany the request for a hearing.
B. C. If a treatment supervisor believes that the person has violated a conditional release term or that the person's mental health has deteriorated, the board shall grant the treatment supervisor's request for a hearing and:
1. If the person is residing in a secure mental health facility, the treatment supervisor may suspend the person's conditional release pending the hearing and a determination by the board court. The treatment supervisor shall submit file a written mental health report under seal, including the circumstances and the reasons for any proposed change, to the board court and the parties within seven days after the request for a hearing.
2. If the person is conditionally released to the community, the chairperson or vice chairperson of the board court may order the person's return to hospitalization and set a hearing pursuant to section 13-3998. If the person is returned to hospitalization, the outpatient treatment supervisor shall submit a mental health report to the board court and the parties within three days after a request is made pursuant to this subsection. The mental health report must provide all of the information that was considered before granting the return order.
3. If the safety of the community or the person is not at risk, the chairperson or vice chairperson, pending the hearing and the board's determination, court may allow the person to remain in the community subject to the person's conditional release terms. If the person remains in the community, the outpatient treatment supervisor shall submit a mental health report to the board court and the parties within seven days after the request is made pursuant to this subsection.
C. D. If the person is conditionally released to the community and the outpatient treatment supervisor has reasonable cause to believe that the person has violated any term of conditional release, is in need of immediate care, custody or treatment at a secure mental health facility or that the person's mental health creates a risk to has deteriorated such that immediate rehospitalization is necessary to protect the safety of the public or any person, the outpatient treatment supervisor shall consult with the secure mental health facility, and the chief medical officer for the secure mental health facility may sign an order that the person be taken into custody and transported to a directing the person's return and members of the treatment team may transport the person to the secure mental health facility. The person shall be immediately admitted to the secure mental health facility. The outpatient treatment supervisor shall immediately provide written notice to the board, inform the court and the parties and the chief medical officer of the secure mental health facility that confirms that the person has been admitted pursuant to this section within one court day after the person's return. On receiving the notice, the board court shall set a hearing pursuant to section 13-3998. The hearing must occur within seven days after the person's admission to the secure mental health facility, except that the board may continue the hearing for good cause or on agreement of the parties. The outpatient treatment supervisor shall submit a written mental health report to the board court and the parties within three days after the person's return and must include all of the information that was considered before ordering the person's return.
Sec. 20. Title 13, chapter 38, article 14, Arizona Revised Statutes, is amended by adding section 13-3997, to read:
13-3997. Hearing on motion of a person under the jurisdiction of the psychiatric security review board
A. A person who is under the jurisdiction of the board may request and the board shall grant a hearing not sooner than one hundred twenty days after the person is committed and placed under the board's jurisdiction. After the initial hearing or any subsequent hearing, a person may request and the board shall grant a hearing not sooner than twenty months after the previous hearing.
B. The board, with sufficient cause, may grant a motion for a hearing by the person who is under the jurisdiction of the board at any time.
C. If the person who is under the jurisdiction of the board is requesting a change in conditional release status, the request must include a proposed form of order and may be accompanied by a mental health report.
D. If the person who is under the jurisdiction of the board is conditionally released to the community and believes that rehospitalization is necessary to protect the person's safety or the safety of the public, the person may present himself to the outpatient treatment supervisor and request that the outpatient treatment supervisor consult with the secure mental health facility and request that the chief medical officer for the secure mental health facility sign an order for immediate readmission to the secure mental health facility. The board shall set a hearing pursuant to section 13-3998. The inpatient and outpatient treatment supervisors shall submit a mental health report to the board within seven days after the person is readmitted.
Sec. 21. Section 13-3997, Arizona Revised Statutes, as added by section 20 of this act, is amended to read:
13-3997. Hearing on motion of a person under the jurisdiction of the court
A. A person who is under the jurisdiction of the board court may request and the board court shall grant a hearing not sooner than one hundred twenty days after the person is committed and placed under the board's jurisdiction to a secure mental health facility. After the initial hearing or any subsequent hearing, a person may request and the board court shall grant a hearing not sooner than twenty months after the previous hearing.
B. The board court, with sufficient cause, may grant a motion for a hearing by the person who is under the jurisdiction of the board at any time.
C. If the person who is under the jurisdiction of the board is requesting a change in conditional release status, the request must include a proposed form of order and may be accompanied by a mental health report.
D. If the person who is under the jurisdiction of the board is conditionally released to the community and believes that rehospitalization is necessary to protect the person's safety or the safety of the public, the person may present himself to the outpatient treatment supervisor and request that the outpatient treatment supervisor consult with the secure mental health facility and request that the chief medical officer for the secure mental health facility sign an order for immediate readmission to the secure mental health facility. The board court shall set a hearing pursuant to section 13-3998. The inpatient and outpatient treatment supervisors shall submit a mental health report to the board court within seven days after the person is readmitted.
Sec. 22. Title 13, chapter 38, article 14, Arizona Revised Statutes, is amended by adding section 13-3998, to read:
13-3998. Return of person under board's jurisdiction to secure mental health facility; hearing; procedures
A. A written order of the chairperson of the board, vice chairperson of the board or treatment supervisor is sufficient for a law enforcement officer to take a person into custody and to transport the person to a secure mental health facility. A copy of the return order must be immediately provided to the parties, the board and the treatment supervisor. The sheriff or other peace officer shall execute the order and immediately notify the board of the person's return to the secure mental health facility.
B. Within twenty-four hours after a return order is issued, the entity that ordered the return shall provide to the parties, the board and the treatment supervisor all information and evidence that was considered when ordering the person's return.
C. Within seven days after returning the person to the secure mental health facility pursuant to section 13-3995, 13-3996 or 13-3997, the board shall hold a hearing to determine if the return was supported by sufficient cause. If the person's return was:
1. Not supported by sufficient cause, the board shall order the person's immediate release under the previously imposed conditional release terms. The board, with sufficient cause, may amend the person's conditional release terms.
2. Supported by sufficient cause, the board may amend the conditional release terms and release the person if the board finds by clear and convincing evidence that the safety of the community and the person is protected by the original or the amended conditional release terms.
3. Supported by sufficient cause and the board determines that the person is in need of further evaluation or treatment, the board may suspend the terms of conditional release and set another hearing within ninety days. The inpatient treatment supervisor shall consult with the outpatient treatment supervisor and submit a mental health report to the board by a date set by the board. The mental health report must contain a recommendation to either terminate, amend or reinstate the person's conditional release and include a proposed form of order.
Sec. 23. Section 13-3998, Arizona Revised Statutes, as added by section 22 of this act, is amended to read:
13-3998. Return of person under jurisdiction to secure mental health facility; hearing; procedures
A. A written order of the chairperson of the board, vice chairperson of the board or treatment supervisor court or the chief medical officer or the chief medical officer's designee is sufficient for a law enforcement officer to take a person into custody and to transport the person to a secure mental health facility. A copy of the return order must be immediately provided to the parties, the board and the treatment supervisor and the court. The sheriff or other peace officer shall execute the order and immediately notify the board court of the person's return to the secure mental health facility.
B. Within twenty-four hours after a return order is issued, the entity that ordered the return shall provide to the parties, the board and the treatment supervisor all information and evidence that was considered when ordering the person's return.
C. Within seven days after returning the person to the secure mental health facility pursuant to section 13-3995, 13-3996 or 13-3997, the board court shall hold a hearing to determine if the return was supported by sufficient cause. If the person's return was:
1. Not supported by sufficient cause, the board court shall order the person's immediate release under the previously imposed conditional release terms. The board court, with sufficient cause, may amend the person's conditional release terms.
2. Supported by sufficient cause, the board court may amend the conditional release terms and release the person if the board court finds by clear and convincing evidence that the safety of the community and the person is protected by the original or the amended conditional release terms.
3. Supported by sufficient cause and the board court determines that the person is in need of further evaluation or treatment, the board court may suspend the terms of conditional release and set another hearing within ninety days. The inpatient treatment supervisor shall consult with the outpatient treatment supervisor and submit a mental health report to the board court by a date set by the board court. The mental health report must contain a recommendation to either terminate, amend or reinstate the person's conditional release and include a proposed form of order.
Sec. 24. Title 13, chapter 38, article 14, Arizona Revised Statutes, is amended by adding section 13-3999, to read:
13-3999. Hearing on expiration of psychiatric security review board's jurisdiction
A. At least thirty days before the expiration of the board's jurisdiction over a person, the board shall set an expiration hearing and order the treatment supervisor to provide to the board and the parties a mental health report. The mental health report must include an evaluation of whether the person may be a danger to self or others or has a persistent and acute or grave disability and whether the person meets the criteria for involuntary hospitalization pursuant to title 36, chapter 5.
B. At an expiration hearing and based on the evidence presented, the board may allow the board's jurisdiction to expire without further action or may order the county attorney of the committing county to begin proceedings for involuntary civil evaluation pursuant to title 36, chapter 5.
C. If the board orders an involuntary civil evaluation for a person who resides in the community, the order must require the person's appearance at a specified time and location and participation in the evaluation before the expiration of the board's jurisdiction. The treatment supervisor shall assist the person with securing transportation to the location of the evaluation.
D. If the board orders involuntary civil evaluation for a person who resides in a secure mental health facility, the board must order the sheriff of the committing county to transport the person at a specified time and location so that the person may participate in the evaluation before the expiration of the board's jurisdiction over the person.
Sec. 25. Section 13-3999, Arizona Revised Statutes, as added by section 24 of this act, is amended to read:
13-3999. Hearing on expiration of jurisdiction
A. At least thirty days before the expiration of the board's jurisdiction over a person pursuant to section 13-502, the board court shall set an expiration hearing and order the treatment supervisor to provide to the board court and the parties a mental health report. The mental health report must include an evaluation of whether the person may be a danger to self or others or has a persistent and acute or grave disability and whether the person meets the criteria for involuntary hospitalization pursuant to title 36, chapter 5.
B. At an expiration hearing and based on the evidence presented, the board court may allow the board's jurisdiction to expire without further action or may order the county attorney of the committing county to begin proceedings for involuntary civil court-ordered evaluation pursuant to title 36, chapter 5.
C. If the board court orders an involuntary civil evaluation for a person who resides in the community, the order must require the person's appearance at a specified time and location and participation in the evaluation before the expiration of the board's jurisdiction. The treatment supervisor shall assist the person with securing transportation to the location of the evaluation.
D. If the board court orders involuntary civil an evaluation for a person who resides in a secure mental health facility, the board court must order the sheriff of the committing county to transport the person at a specified time and location so that the person may participate in the evaluation before the expiration of the board's supervisory jurisdiction over the person.
Sec. 26. Title 13, chapter 38, article 14, Arizona Revised Statutes, is amended by adding section 13-4000, to read:
13-4000. Independent qualified expert; evaluation
A. Before any hearing before the board, either party may retain an independent qualified expert to evaluate the person and make recommendations to the board.
B. The county of the committing court shall pay all costs associated with the evaluation if the person is indigent.
C. If the person retains a qualified expert, the qualified expert shall provide to the state's expert, on request, all records considered or generated by the qualified expert.
D. If the person retains a qualified expert, the person must submit to the state's evaluation, if requested, or is precluded from presenting the person's own qualified expert opinion.
E. If providing testimony, an independent qualified expert who is retained by either party must provide a written report to the opposing party, the board and the treatment supervisor at least fourteen days before a hearing. If requested, the qualified expert must be available for an interview or deposition by the opposing party.
F. Either party may request and the board, with sufficient cause, shall grant a continuance for a hearing to accommodate a reasonable request to obtain a qualified expert evaluation. A hearing that is requested pursuant to section 13-3998, subsection C may not be continued at the state's request. A hearing that is held at the expiration of the board's jurisdiction may not be continued.
Sec. 27. Section 13-4000, Arizona Revised Statutes, as added by section 26 of this act, is amended to read:
13-4000. Independent qualified expert; evaluation
A. Before any hearing before the board, either party may retain an independent qualified expert to evaluate the person and make recommendations to the board court.
B. The county of the committing court shall pay all costs associated with the evaluation if the person is indigent.
C. If the person retains a qualified expert, the qualified expert shall provide to the state's expert, on request, all records considered or generated by the qualified expert.
D. If the person retains a qualified expert, the person must submit to the state's evaluation, if requested, or is precluded from presenting the person's own qualified expert opinion.
E. If providing testimony, an independent qualified expert who is retained by either party must provide a written report to the opposing party, the board and the treatment supervisor remaining parties at least fourteen days before a hearing. If requested, the qualified expert must be available for an interview or deposition by the opposing party.
F. Either Any party may request and the board court, with sufficient cause, shall grant a continuance for a hearing to accommodate a reasonable request to obtain a qualified expert evaluation. A hearing that is requested pursuant to section 13-3998, subsection C may not be continued at the state's request. A hearing that is held at the expiration of the board's jurisdiction may not be continued.
Sec. 28. Title 13, chapter 38, article 14, Arizona Revised Statutes, is amended by adding section 13-4001, to read:
13-4001. Transferring jurisdiction of a person from the psychiatric security review board to superior court; procedures
A. If the board orders a person to be transferred to the superior court pursuant to section 13-3994, the person's case shall be transferred to the committing court for suspension or imposition of sentence and a judicial review of the transfer, or both.
B. Within twenty days after the board orders a person's transfer to the superior court, the person may request a judicial review. A petition for judicial review shall be filed with the committing court and served on the board, the secure mental health facility and the state.
C. At the judicial review hearing, the treatment supervisor has the burden to prove by clear and convincing evidence that the transfer is appropriate. The issues of the review are limited to the following:
1. Whether the person needs ongoing treatment for a mental disease or defect.
2. Whether the person is dangerous to self or others.
3. Whether the person's offense is eligible for commitment to the state department of Corrections.
D. If the court finds the transfer is appropriate, the court shall suspend the person's sentence and place the person on supervised probation for the remainder of the commitment term or impose the sentence and order the person to be imprisoned in the state department of corrections for the remainder of the commitment term.
E. All time spent under the board's jurisdiction and any time spent incarcerated shall be credited against any sentence imposed.
F. If the court finds the transfer is not supported by the evidence, the court shall transfer jurisdiction over the person back to the board pursuant to section 13-3994.
G. At the time of sentencing or placement on probation, the court shall notify the person in writing of the person's appeal rights under rule 31, Arizona rules of criminal procedure.
Sec. 29. Section 13-4065, Arizona Revised Statutes, is amended to read:
13-4065. Prohibition on psychological or psychiatric examination to determine credibility
Except on agreement of the parties or as provided in section 13-3993 or 13-4000, the court shall not order an adult or child victim or witness in a prosecution for any offense in violation of chapter 14 of this title, a dangerous crime against children in the first or second degree or child abuse to submit to a psychological or psychiatric examination for the purpose of assessing the witness' or victim's credibility.
Sec. 30. Section 13-4416, Arizona Revised Statutes, is amended to read:
13-4416. Notice of release, discharge or escape from a mental health treatment agency
A. If the victim has made a request for notice, a mental health treatment agency shall mail to the victim at least ten days before the release or discharge of the person accused or convicted of committing a criminal offense against the victim, notice of the release or discharge of the person who is placed by court order in a mental health treatment agency pursuant to section 13-3994 13-3992, 31-226, 31-226.01, 36-540.01, 36-541.01 or 36-3707.
B. A mental health treatment agency shall mail to the victim immediately after the escape or subsequent readmission of the person accused or convicted of committing a criminal offense against the victim, notice of the escape or subsequent readmission of the person who is placed by court order in a mental health treatment agency pursuant to section 13-3994 13-3992, 31-226, 31-226.01, 36-540.01, 36-541.01 or 36-3707.
Sec. 31. Section 31-501, Arizona Revised Statutes, is amended to read:
31-501. Psychiatric security review board; members; terms; compensation; board member training; annual report
A. The psychiatric security review board is established consisting of the following members who are appointed by the governor pursuant to this section and section 38-211 except no member may be employed by a county attorney, the attorney general or a public defender defense agency:
1. One psychiatrist who is licensed pursuant to title 32, chapter 13 or 17, who is experienced in the criminal justice system and who is not otherwise contracted to or employed by this state.
2. One psychologist who is licensed pursuant to title 32, chapter 19.1, who is experienced in the criminal justice system and who is not otherwise contracted to or employed by this state.
3. One person who is experienced in parole, community supervision or probation procedures and who does not qualify for membership on the board under paragraph 1 or 2 of this subsection.
4. One person who is from the general public, who is a former judge and who does not qualify for membership on the board under paragraph 1, 2 or 3 of this subsection.
5. One person who is either a psychologist licensed pursuant to title 32, chapter 19.1 or a psychiatrist licensed pursuant to title 32, chapter 13 or 17, who is experienced in the criminal justice system and who is not otherwise contracted to or employed by this state.
B. Board members shall serve staggered terms of four years. The governor may remove any member for cause. The governor shall appoint a member for the unexpired portion of a term to fill a vacancy resulting other than from expiration of term. A member may be reappointed.
C. the former judge member shall serve as chairperson. The psychiatric security review board shall select one of its members to serve as the chairman for a one year term and one of its members to serve as vice-chairman vice chairperson for a one year one-year term.
D. The psychiatric security review board shall meet at least twice once each month, unless the chairman chairperson determines that there is not sufficient business before the board to warrant a meeting at the scheduled time additional meetings. The board shall also meet at the call of the chairman chairperson or a majority of the board members.
E. Members of the psychiatric security review board are eligible to receive compensation pursuant to section 38-611 and for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
F. The board may conduct a board meeting or a hearing with a person who is committed to a secure mental health facility in person or by using a video teleconference system.
G. Beginning January 1, 2022, Each board member must complete twelve hours of training within one year after the member's initial appointment to the board. Any member of the board who was appointed before January 1, 2022 shall complete the training required by this subsection on or before january 1, 2023. The training must include the subjects of governance and administrative management, conduct of quasi-judicial proceedings and administrative procedure and rule adoption. The office of the attorney general, the department of administration or an outside educational institution may provide The training. Any board action taken is not subject to challenge or invalidation because a board member has not completed the training required by this subsection.
Sec. 32. Section 31-502, Arizona Revised Statutes, is amended to read:
31-502. Psychiatric security review board; powers and duties; definition
A. The psychiatric security review board shall:
1. Maintain jurisdiction over persons who are committed to a secure state mental health facility pursuant to section 13-3994 13-3992.
2. Hold hearings pursuant to section 13-3994 to determine if a person committed to a secure state mental health facility is eligible for release or conditional release or transfer back to superior court.
3. In conjunction with the secure state mental health facility and other appropriate community agencies or persons, devise a plan for the conditional release of a person pursuant to section 13-3994.
4. Unless otherwise provided by law, confidentially maintain all medical, social and criminal history records of persons who are committed to its jurisdiction.
5. On notice from the board or an application by a person or agency that is responsible pursuant to an order for the supervision or treatment of treatment supervisor or a person on conditional release, hold a hearing to determine if the conditions of conditional release should be granted, continued, modified, suspended or terminated. Each application for a hearing shall be accompanied by a report setting forth the facts supporting the application. Termination of conditional release requires a vote of three of the four board members.
6. Keep a record of all hearings before the board except board deliberations.
7. Give written notice of any hearing before the board to the attorney representing the person, the attorney general or other attorney representing the state, the victim, the parties and the court that committed the person to the board's jurisdiction.
8. Determine if the person about whom the hearing is being held is indigent and, if so, request the committing court to appoint an attorney to represent the person. The court of the county of prosecution shall bear the cost of the court appointed attorney.
9. Before a hearing, disclose to the person about whom the hearing is being held, treatment supervisor and the person's attorney, the attorney general and any attorney representing the state any parties all of the information, documents or reports that the board will be considering.
10. Within fifteen days after the conclusion of a hearing, give to the person, the attorney representing the person, the victim, the attorney general and any attorney representing the state and the court that committed the person to the board's jurisdiction notice of the board's decision.
10. Require at least two members voting in the affirmative to deny, grant, modify, continue, suspend or terminate a person's conditional release based on clear and convincing evidence.
11. On or before June 1, 2022 and each year thereafter, Prepare and submit a report to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the senate health and human services committee, or its successor committee, and the chairperson of the house of representatives health and human services committee, or its successor committee, and shall provide a copy of this report to the secretary of state. In addition to any other information that the board determines to include in the report, the report must include all of the following:
(a) The number of cases heard by the board, the county of origin for each case, the nature of each case, the disposition of each case and whether any of the board's decisions were appealed.
(b) Whether the board has implemented all of the recommendations that were made in the most recent auditor general's report on the board and the reason for a recommendation not being implemented.
(c) Whether training has been provided to board members on understanding and complying with statutory requirements.
(d) Whether the Arizona state hospital has completed a mental health report on each person whose case was heard by the board and whether the report was provided within the required time frames.
(e) Whether the Arizona state hospital completed a risk assessment on each person when requested by the board.
(f) The number of times the board denied a request to continue a hearing made by the Arizona state hospital or a person's attorney and the reason for each denial.
(g) Whether the Arizona state hospital refused to comply with a board order, the requirements of the order and, if known, the reason for the refusal.
(h) The number of persons whom the Arizona state hospital recommended to the board for conditional release and of those referrals, the number of persons who were granted a conditional release by the board.
(i) The number of times the board used the board's SUBPOENA power to secure a document or a witness for a hearing and the circumstances that required the subpoena.
B. The psychiatric security review board may:
1. Adopt rules to carry out the purposes of this chapter and title 13, chapter 38, article 14.
2. Monitor all persons under its jurisdiction.
3. 2. As a condition of release, require a person to receive treatment from a board designated licensed or certified state or local mental health facility or agency or person.
4. Modify or terminate the terms of a person's conditional release.
5. 3. Issue subpoenas requiring the attendance and testimony of witnesses at any hearing before the board. Subpoenaed witnesses shall be paid the same fees and mileage allowance paid witnesses in civil actions. If a person fails to comply with a subpoena that is issued pursuant to this paragraph, the board may request a superior court judge to issue a contempt order.
4. Request in the notice of hearing that a specific witness who is from the person's treatment team attend a hearing. If a witness is requested in the notice of hearing, the person's treatment supervisor is responsible for notifying the witness.
5. Continue a hearing if the board determines that the standard of clear and convincing evidence has not been met, the patient requests a continuance and the opportunity to supplement the information that is available for the board's consideration and the board finds there is sufficient cause to grant the request for the continuance.
6. Receive witness testimony in a hearing that is closed to the public.
C. For the purposes of this section, "secure state mental health facility" means a secure state mental health facility under the department of health services has the same meaning prescribed in section 13-3991.
Sec. 33. Delayed repeal
Title 31, chapter 4, Arizona Revised Statutes, is repealed from and after June 30, 2023.
Sec. 34. Section 36-206, Arizona Revised Statutes, is amended to read:
36-206. Duties of superintendent; clinical assessment
A. The director has charge of the state hospital and the superintendent shall supervise and direct its activities, subject to the provisions of law and approval of the director. The superintendent is directly responsible to the director for carrying out the purposes for which the hospital is maintained. Subject to the approval of the director, the superintendent may deputize any qualified officer of the state hospital to do or perform any act the superintendent is empowered to do or charged with the responsibility of doing by law.
B. The superintendent in December each year shall estimate the probable daily per capita cost of treatment and maintenance of each category of patients for the next ensuing year as determined in accordance with standard accounting practices. A statement of the estimate shall be provided to the director in January of the following year.
C. The superintendent, on request, shall provide to the director a clinical assessment of the state hospital's programs.
D. On or before August 1 of each year, the director shall establish maximum funded capacity and a percentage allocation formula for forensic and civil bed capacity at the Arizona state hospital based on census data collected pursuant to sections 13-3994 13-3992, 13-4512, 36-202.01 and 36-503.03. By June 1 of each year, the director shall solicit and consider the recommendations of representatives of the county board of supervisors, the Arizona prosecuting attorneys' advisory council and the superior court when establishing this formula. In addition to establishing the formula, the director, the county board of supervisors, the Arizona prosecuting attorneys' advisory council and the superior court shall develop a contingency plan for the placement of patients subject to sections 13-3994 13-3992, 13-4512, 36-202.01 and 36-503.03 in times of emergency and other unforeseen circumstances. The director shall notify the governor, the president of the senate, the speaker of the house of representatives and the chairman chairperson of each county board of supervisors of the funded capacity and allocation formula for the current fiscal year. Thirty days before the notification of the forensic and civil bed funded capacity formula, the director shall provide this information to the representatives of the county board of supervisors, the Arizona prosecuting attorneys' advisory council and the superior court for comment. The director shall include these comments when issuing the formula.
Sec. 35. Section 36-209, Arizona Revised Statutes, is amended to read:
36-209. Reports by superintendent and director
A. At such time as the director designates, the superintendent shall submit to the director a report of the activities of the state hospital during the preceding fiscal year, including:
1. The number of patients received, conditionally discharged and discharged and voluntary patients treated.
2. Methods of treatment used and the results.
3. The total number, including the number of such persons who were committed on a voluntary and involuntary basis, of seriously mentally ill patients as defined in section 36-550 and the place to which each person was discharged.
4. Census data for treatment programs pursuant to sections 13-3994 13-3992, 13-4512, 36-202.01 and 36-503.03.
5. A complete employment and personnel record.
6. The condition of existing equipment.
7. Recommendations for improvement of the institution.
8. Other matters required by the director or deemed advisable by the superintendent to present a complete description of the condition and activities of the hospital.
B. Not later than the fifteenth day of each month, the director shall prepare in duplicate a financial statement of the affairs of the state hospital, including:
1. The amounts appropriated for the current fiscal year for operation, maintenance and improvement.
2. The amount expended during the preceding calendar month.
3. The balance on hand.
4. The estimated expenditures for the current month.
5. An inventory report.
C. The original report and statements required by this section shall be filed with and retained as records of the director and duplicates filed with the director of the department of administration.
D. At such time as the director designates, the superintendent shall submit to the director a financial statement of the affairs of the state hospital during the preceding fiscal year in a form prescribed by the director of the department of administration.
E. By October 1 of each year, the director shall submit to the governor a comprehensive report of the activities of the state hospital during the preceding fiscal year, which shall include the annual reports of the superintendent, and shall contain:
1. An account of the work done.
2. Recommendations for improvements.
3. Financial statements that clearly reflect the origin and disposition of all monies that have come into the hands of the director or an employee through appropriations or otherwise.
F. The director shall make such supplemental reports as the governor or the legislature requests.
G. The annual report prescribed by subsection E of this section shall be published for the information of the public and five copies shall be delivered to the chief clerk of the house of representatives and the secretary of the senate, respectively, who shall keep them on file for the use of the members of each house.
Sec. 36. Title 36, chapter 2, article 1, Arizona Revised Statutes, is amended by adding a new section 36-220, to read:
36-220. Psychiatric security review board requests; mandatory appearances at conditional release hearings
A. At each statutory hearing for a patient or on request of the psychiatric security review board, the state hospital, at least forty-five days before the hearing, shall provide the patient and the board with all of the following:
1. A report on the patient that contains information in a form and format as requested or prescribed by the psychiatric security review board.
2. A patient risk assessment, if clinically indicated.
3. An explanation of any rule violation by the patient and why the rule violation is relevant to any recommendation from the state hospital.
B. IN addition to the information required by subsection A of this section, the state hospital shall provide the psychiatric security review board with any information that is relevant to the hearing at any time before the hearing.
C. A patient's treating psychiatrist or the psychiatrist's designee shall appear as a witness before the psychiatric security review board at each statutory hearing regarding the patient's conditional release.
Sec. 37. Delayed repeal
Section 36-220, Arizona Revised Statutes, as added by this act, is repealed from and after June 30, 2023.
Sec. 38. Section 36-545.01, Arizona Revised Statutes, is amended to read:
36-545.01. Payment of costs and expenses; ability to pay; power and duty of court; acceptance of other benefits; per capita cost limitation; guardians; parental liability; lien; duty of county attorney
A. When a patient is admitted to the state hospital for court-ordered treatment pursuant to article 5 of this chapter or pursuant to section 13-3994 13-3992, the business manager of the state hospital shall inquire into the ability of the patient to pay the costs of examination, maintenance and treatment. The business manager shall file with the clerk of the court a written report of the manager's findings and the basis of those findings.
B. If the patient is able to pay all or any portion of the charges, the court shall order the payment of the amount the patient can afford of the per capita cost for examination, treatment and maintenance as estimated by the superintendent. The court, on petition of an interested person and at a hearing of which all concerned parties have received notice, may increase or decrease the maintenance charge payable by the patient or the patient's estate.
C. Notwithstanding subsection B of this section, any federal, state, public or private medical benefits that are payable to the state hospital where the patient is receiving care and treatment or that are payable to the patient may be accepted by the state hospital without a court order, except that the state hospital shall not accept any such benefits that alone or in addition to any amounts payable pursuant to subsection B of this section exceed the per capita cost for the patient.
D. The court, if necessary, may appoint a conservator of the patient to carry out this section. If a conservator is appointed, the clerk of the court shall file a certificate so stating. All proceedings relating to that conservatorship shall be had as provided by law for conservators of estates. The conservator shall pay the amount ordered by the court pursuant to subsection B of this section.
E. If the patient is a minor, the business manager of the state hospital shall inquire into the ability of the minor's parents to bear charges pursuant to this section. All obligations, charges and liens that may be imposed on a patient pursuant to this section shall be imposed on the minor's parents if it is determined that the parents have the ability to pay.
F. The charges fixed by the court as provided by this section and ordered paid by the patient or the patient's estate, on filing with the county recorder, become a lien on the property of the patient or the patient's estate.
G. The county attorney of each county, on an order of a judge of the superior court, shall enforce the lien and collect the charges from the person ordered to pay if the charges become delinquent.
H. Costs of examination, treatment and maintenance shall not be charged to any patient found by a court of competent jurisdiction to be unlawfully detained.
I. Notwithstanding section 36-545.02, the department shall deposit, pursuant to sections 35-146 and 35-147, monies collected through contracts entered into pursuant to section 36-3410 in the Arizona state hospital fund established by section 36-545.08. The department shall use these monies for the treatment of patients at the state hospital or for the placement of clients in the community.
Sec. 39. Delayed repeal
Section 41-3028.11, Arizona Revised Statutes, is repealed from and after June 30, 2023.
Sec. 40. Section 41-3803, Arizona Revised Statutes, is amended to read:
41-3803. Independent oversight committee on the mentally ill; training plan; report posting
A. The independent oversight committee on the mentally ill is established in the department of administration to promote the rights of persons who receive behavioral health services pursuant to:
1. Section 13-3992 or 13-3994.
2. Title 36, chapters 5 and 34.
B. Each region of this state covered by a regional behavioral health authority shall have at least one independent oversight committee with the authority and responsibilities as prescribed by the department of administration pursuant to rules adopted by the department relating to behavioral health services.
C. The director of the department may establish additional committees to serve persons who receive behavioral health services or to oversee the activities of any service provider.
D. Each independent oversight committee shall consist of at least seven and not more than fifteen members appointed by the director of the department with expertise in at least one of the following areas:
1. Psychology.
2. Law.
3. Medicine.
4. Education.
5. Special education.
6. Social work.
7. Mental health.
8. Housing for the mentally ill.
9. Criminal justice.
10. Public safety.
E. Each independent oversight committee, if appropriate, shall include at least two parents of children who receive behavioral health services pursuant to title 36, chapter 34.
F. Each independent oversight committee shall include at least one member who is a current or former client of the behavioral health system.
G. Current or former providers or employees of providers that have contracted with a regional behavioral health authority may serve on an independent oversight committee but may not hold more than two positions on the committee.
H. Each independent oversight committee may hold one or more community forums annually to receive comments regarding the experiences of individuals living with serious mental illness, and their family members and caregivers, across the care continuum.
I. The department shall ensure that each regional behavioral health authority and its providers develop and implement a human rights training plan to ensure that providers are trained regarding clients' human rights and the duties of the independent oversight committees.
J. The independent oversight committee at the Arizona state hospital shall have oversight of patients who have been determined to have a serious mental illness and who are hospitalized and receiving behavioral health services at the civil and forensic hospital pursuant to subsection A of this section. The Arizona state hospital shall provide to the committee, subject to state and federal law, information regarding the following:
1. Seclusion of and the use of restraints on patients.
2. Incident accident reports.
3. Allegations of illegal, dangerous or inhumane treatment of patients.
4. Provisions of services to patients in need of special assistance.
5. Allegations of neglect and abuse.
6. Allegations of denial of rights afforded to patients with serious mental illness except where a right may be restricted for the safety of a patient, the state hospital or the public.
K. Each committee shall be organized pursuant to this section and the requirements of section 41-3804.
Sec. 41. Conforming legislation
The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty-sixth legislature, first regular session.
Sec. 42. Transfer of jurisdiction of psychiatric security review board powers and duties
A. Beginning from and after June 30, 2023, the superior court shall have exclusive supervisory jurisdiction over all persons who are under the supervision of the psychiatric security review board on July 1, 2023.
B. The superior court is vested with the powers and duties of the psychiatric security review board as they existed before July 1, 2023 to carry out the provisions of title 13, chapter 38, article 14.
Sec. 43. Effective date
The following sections are effective from and after June 30, 2023:
1. Section 12-820.02, Arizona Revised Statutes, as amended by this act.
2. Section 13-502, Arizona Revised Statutes, as amended by section 5 of this act.
3. Section 13-3991, Arizona Revised Statutes, as amended by section 10 of this act.
4. Section 13-3992, Arizona Revised Statutes, as amended by section 12 of this act.
5. Section 13-3994, Arizona Revised Statutes, as amended by section 15 of this act.
6. Section 13-3995, Arizona Revised Statutes, as amended by section 17 of this act.
7. Section 13-3996, Arizona Revised Statutes, as amended by section 19 of this act.
8. Section 13-3997, Arizona Revised Statutes, as amended by section 21 of this act.
9. Section 13-3998, Arizona Revised Statutes, as amended by section 23 of this act.
10. Section 13-3999, Arizona Revised Statutes, as amended by section 25 of this act.
11. Section 13-4000, Arizona Revised Statutes, as amended by section 27 of this act.
APPROVED BY THE GOVERNOR JUNE 29, 2021.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 29, 2021.
