The proposed bill would update current statutes concerning the placement of dangerous and incompetent defendants in Arizona by introducing new provisions and modifying existing requirements. Specifically, it would allow the Arizona State Hospital (ASH) to accept defendants deemed dangerous and incompetent when secure state mental health facilities lack available beds, provided they meet certain criteria, such as having undergone at least 12 months of restoration services and having a primary psychiatric condition. The bill also mandates that ASH coordinate the transfer of these defendants to newly licensed secure facilities and limits the number of such defendants accepted at ASH to one at a time. Additionally, the originating county would be required to reimburse the Department of Health Services (DHS) for all costs related to nonpsychiatric services during the defendants' admission, replacing the previous partial reimbursement requirement.

Moreover, the bill establishes a Study Committee to assess the long-term feasibility of secure state mental health facilities and mandates DHS to conduct a cost analysis for constructing or renovating a facility for these defendants. The new requirements would apply retroactively to January 1, 2024, and existing placement requirements for committed defendants at ASH would be repealed effective January 1, 2032. Overall, these updates aim to improve the management and treatment of dangerous and incompetent defendants while clarifying financial responsibilities and ensuring the legal framework adapts to the evolving needs of the mental health system.

Statutes affected:
Introduced Version: 41-1805
House Engrossed Version: 13-4521
Senate Engrossed Version: 13-4521, 13-4521.01, 13-4517, 13-706, 13-4509, 13-702, 13-703, 13-704, 13-705, 13-708, 13-751, 13-4508
Chaptered Version: 13-4521, 13-4521.01, 13-4517, 13-706, 13-4509, 13-702, 13-703, 13-704, 13-705, 13-708, 13-751, 13-4508