ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
VETOED
AMENDED
guilty except insane; court jurisdiction
Purpose
Beginning July 1, 2023, places the powers and duties of the Psychiatric Security Review Board (PSRB) under the jurisdiction of the superior court (court). Prior to the July 1, 2023 effective date, makes various changes to the practices and the procedures of the PSRB.
Background
The PSRB was established in 1994 to maintain jurisdiction over persons the court of Arizona has found guilty except insane (GEI) who have caused or threatened to cause death or serious physical injury to another individual. Current law requires GEI individuals to be placed under the PSRB s jurisdiction for the length of their presumptive sentence and to be committed to the Arizona State Hospital (ASH), which is operated by the Arizona Department of Health Services (DHS). Statute authorizes the PSRB to release any GEI person under its jurisdiction from ASH to the community if the person meets statutory release criteria (A.R.S. 13-502).
The fiscal impact to the state General Fund associated with this legislation is unknown.
Provisions
Transferring PSRB Authority to the Court
1. Repeals the PSRB, and beginning July 1, 2023, grants the court the exclusive supervisory jurisdiction over all persons who are currently under the supervision of the PSRB.
Placing Persons Under the Jurisdiction of the PSRB
3. Requires a person found GEI to have the sentence the defendant could have received suspended, rather than sentenced to a term of incarceration in the Arizona Department of Corrections (ADC), when ordered to be placed under the jurisdiction of the PSRB.
4. Requires a person who is found GEI to be committed to a secure mental health facility for a period of treatment.
5. Modifies the parties who are notified by the court regarding a hearing set 75 days after the person's commitment to a secure mental health facility.
6. States that a person's commitment ends upon being found at a hearing that the person no longer has a mental disease or defect, or the person presents a danger to self or others and civil commitment proceedings need to be instituted.
7. Requires the court to place a person under the jurisdiction of the PSRB if the person's act caused the death of or serious physical injury to a person, including threats of death or serious physical injury.
8. Requires, beginning July 1, 2023, the court to retain jurisdiction over the person for the entirety of the commitment term.
9. Specifies the length of jurisdiction over the person is equal to the presumptive sentence for the crime the person could have received, except that prior convictions may not be considered for sentence enhancements.
10. Requires the court to retain jurisdiction of all matters that are not specifically delegated to the PSRB for the duration of the presumptive sentence until the sunset of the PSRB on July 1, 2023.
11. Requires the Arizona Department of Health Services (DHS) to assume custody of a person who has been found GEI, and outlines procedures for DHS to follow relating to maximum funded capacity, admission deferrals, county reimbursements and notification requirements.
12. Requires the parties to provide the PSRB 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.
Court Procedures to Set Hearing
13. Allows the PSRB, an outpatient treatment supervisor and person under the jurisdiction of the PSRB to request a hearing.
14. Stipulates that a person who is placed under jurisdiction of the PSRB is not eligible for discharge from jurisdiction until the date set by the committing court or the person's case is transferred back to the court.
15. Allows, beginning July 1, 2023, the person to attend any hearing by video teleconference from the SMHF.
16. Requires, if the PSRB finds that the person no longer needs ongoing treatment for a mental disorder, is not dangerous and does not have a propensity to reoffend, the PSRB to order the person's transfer to the court for either a judicial review or placement on supervised probation for the remainder of the commitment term.
17. Terminates the PSRB's jurisdiction over the person when the person is transferred to the superior court.
18. Requires, beginning July 1, 2023, all time spent under the court's jurisdiction and any time spent committed to be credited against any sentence imposed.
19. Requires, beginning July 1, 2023, the court to notify the person in writing of the person's appeal rights under Rule 31 of the Arizona Rules of Criminal Procedure at the time of sentencing or placement on probation.
20. Subjects a person who is conditionally released to the following:
a) requires the PSRB, in conjunction with the secure mental health facility and supervisors from behavioral health community providers to agree on and specify the conditions of the person's release and requires the SMHF to monitor the person on conditional release;
b) requires a supervised treatment plan to be in place before the person's conditional release;
c) allows the PSRB to 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;
d) requires the PSRB, before implementing each stage of conditional release, to find by clear and convincing evidence that the community will be protected and the person will be safe under the proposed supervised treatment plan;
e) allows pass supervisors, if approved by the PSRB, to include members of the inpatient or outpatient treatment team, other mental health treatment provider or other responsible persons who are willing to ensure that the person abides by the conditional release terms; and
f) requires the secure mental health facility to implement the PSRB conditional release order or provide the court and the parties with the reasons why the secure mental health facility did not implement the order.
21. States that at any hearing release or conditional release 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.
22. Requires a party, unless otherwise required or on a showing of sufficient cause, to submit a request for a hearing and include the reasons for the request.
23. Requires a party or treatment supervisor, unless otherwise provided in statute or on a showing of sufficient cause, to submit a request for a hearing to the PSRB at least 45 days before the requested hearing date and to include the reasons for the request.
24. Requires the requesting party to provide the PSRB, the treatment supervisor and all other parties with a copy of the hearing request.
25. Requires, beginning July 1, 2023 and when a hearing is set, the court to order the treatment provider to submit a mental health report (MHR).
26. Requires, until July 1, 2023, the PSRB Chairperson (Chairperson) or PSRB Vice Chairperson (Vice Chairperson) to 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.
27. Allows, until July 1, 2023, the PSRB to include with the notice of a hearing 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.
28. Specifies, until July 1, 2023, that the requirements for the PSRB to request reports and records do not prohibit the PSRB from issuing a subpoena as statutorily authorized.
29. Allows, until July 1, 2023, the PSRB to only consider, in addition to testimony at any hearing, reports, documents, written statements and materials that are submitted to the PSRB, the treatment supervisor and the parties at least 14 days before the hearing date.
30. Requires a witness to be notified at least 45 days before the hearing date.
31. Allows the PSRB to grant a request to continue a hearing in order to comply.
32. Provides that, until July 1, 2023, the PSRB's decision is effective on issuance of the PSRB's written decision.
33. Provides that, beginning July 1, 2023, the court's decision is effective on oral pronouncement.
34. Requires any portion of the order that contains personal identifying information about the patient, treatment supervisor or pass supervisor to be sealed by the court and not disclosed to the public or to a victim.
35. Requires, until July 1, 2023 and on request of any party, the PSRB to grant a reasonable request for a hearing or a continuance for a previously scheduled hearing.
36. Allows, until July 1, 2023, a request for a hearing or a continuance for a previously scheduled hearing to be ruled on by the Chairperson or Vice Chairperson.
37. Allows, until July 1, 2023, the moving party, if the hearing or continuance is denied, to request that the full board reconsider the request at the next scheduled PSRB meeting.
38. Makes conforming changes to account for the transfer of PSRB responsibilities to the court on July 1, 2023.
39. Defines personal identifying information.
Hearing on Motion of the PSRB (Effective until July 1, 2023)
40. Allows the PSRB, on its own motion, to set a hearing to monitor a person's progress after giving at least 60 days' notice to the parties and the treatment supervisor.
41. Allows the PSRB to order the person's treatment supervisor to provide a mental health report to the PSRB and the parties within 30 days after providing the notice of the hearing.
42. Allows the PSRB, if sufficient cause exists, to set an expedited hearing to monitor a person's progress or mental health.
43. Requires the PSRB to 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 PSRB's concerns that need to be addressed by the parties or the treatment supervisor and allows an expedited mental health report from the treatment supervisor.
44. Allows the Chairperson or Vice Chairperson to order a person's return to hospitalization if a person is conditionally released to the community and the PSRB receives a reliable report that the person has violated the PSRB's conditional release order or that the person's mental health has deteriorated.
45. Requires, before ordering a person's return to hospitalization, the Chairperson or Vice Chairperson to 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.
46. Allows the Chairperson or Vice Chairperson, with sufficient cause, to waive the requirement to consult with the treatment supervisor or supervisor's designee and issue the return order immediately.
47. Requires, if the return order is issued before a consultation occurs, the Chairperson or Vice Chairperson to consult with the treatment supervisor or the treatment supervisor's designee as soon as possible after the order is issued.
48. Requires the PSRB to set a hearing to return the person to the secure mental health facility.
49. Requires the PSRB to hold a hearing for each person under the PSRB's jurisdiction at least once every 24 months.
Hearing on Motion of the SMHF (Beginning July 1, 2023)
50. Allows the court to grant a hearing to monitor a person's progress on conditional release on request of the SMHF.
51. Requires the SMHF to include in the request the specific reasons for requesting a hearing, as well as any records, under seal, of communications and reports that support the need for the hearing.
52. Requires the court, on request of the person or the SMHF to order the outpatient treatment supervisor to submit an MHR to the Court and the parties not later than 14 days before the hearing.
53. Allows the SMHF to request an expedited hearing if sufficient cause exists for the request and requires the SMHF to include in the request for the hearing the specific reasons for the expedited hearing and include records under seal of all communications and reports that support the need for the expedited hearing.
54. Requires the Court to set an expedited hearing to monitor a person's progress or mental health, if requested, and allows the Court to order an expedited MHR from the person's outpatient treatment supervisor.
55. Allows the chief medical officer (CMO) or their designee to order the person's return to hospitalization, if a person is conditionally released to the community and the SMHF has reason to believe that the person has violated the conditional release order or that the person's mental health has deteriorated.
56. Requires the CMO or their designee, before ordering a person's return to hospitalization, to 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.
57. Allows, with sufficient cause, the CMO or their designee to waive the requirement to consult with the treatment supervisor or their designee and to issue the return order immediately.
58.