ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
psychiatric security review board; hearings
Purpose
Makes various changes to the practices and the procedures of the Psychiatric Security Review Board (PSRB). Appropriates an unidentified amount from the state General Fund in FY 2022 to the PSRB for operating costs. Beginning July 1, 2023, sunsets the PSRB and transfers jurisdiction of persons who are under the PSRB to the Superior Court.
Background
The PSRB was established in 1994 to maintain jurisdiction over persons the superior courts of Arizona have 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 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).
S.B. 1029 appropriates a blank amount from the state General Fund in FY 22 to the PSRB for operating costs.
Provisions
Placing Persons Under Jurisdiction of the PSRB
1. 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.
2. Requires a person who is found GEI to be committed to a secure mental health facility for a period of treatment.
3. 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.
5. 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.
6. Requires the court to retain jurisdiction of all matters that are not specifically delegated to the PSRB for the duration of the PSRB's jurisdiction over the person, rather than for the duration of the presumptive sentence.
8. Requires the report provided by the qualified expert to include the:
a) mental status of the defendant at the time of the alleged offense; and
b) relationship of the mental disease or defect to the alleged offense if the qualified expert determines that the defendant suffered from a mental disease or defect at the time of the alleged offense.
9. Requires the parties, within 10 days after appointment of the qualified expert, to provide all available medical records, mental health reports and criminal history records to the qualified expert.
10. Allows the qualified expert to request additional records from the parties, on notice to the court.
11. Requires a defense attorney, if the defendant provides a notice of a GEI defense, to nominate its own qualified expert to examine the defendant to determine the defendant's mental status at the time of the alleged offense.
12. Allows the state to call the same number of medical doctors and licensed psychologists who will testify on behalf of the defense.
13. Requires the court to order all of the reports submitted for the examination of the defendant by a qualified expert be sealed after a plea of guilt or after disposition of a matter where the defendant has pled GEI.
14. Allows the court to order the reports be opened only:
a) 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 or is a sexually violent person;
b) for statistical analyses;
c) when the records are deemed necessary to assist in mental health treatment;
d) for use by the probation department or ADC if the defendant is in the custody of or is scheduled to be transferred into the custody of ADC to assess and supervise or monitor the defendant by that department;
e) for use by a mental health treatment provider that provides treatment to the defendant or that assesses the defendant for treatment;
f) for data gathering; or
g) for scientific study.
15. Precludes a statement that is made by the defendant during an examination to determine GEI or any evidence resulting from the statement from being subject to disclosure in a mental health evaluation.
17. Terminates the PSRB's jurisdiction over the person when the person is transferred to the superior court.
18. Requires the PSRB to order a person transferred to the superior court for imposition of a sentence or a judicial review, or both, rather than to ADC, when the PSRB finds the person no longer has a mental disease or defect and the person is not dangerous.
19. Subjects a person who is conditionally released by the PSRB 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 PSRB 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's conditional release order or immediately request a hearing to explain why the order has not been implemented and propose a revised order.
20. 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.
21. Requires the requesting party to provide the PSRB, the treatment supervisor and all other parties with a copy of the hearing request.
22. Requires 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.
23. Allows 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.
24. Specifies that the requirements for the PSRB to request reports and records do not prohibit the PSRB from issuing a subpoena as statutorily authorized.
25. Allows 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.
26. Requires a witness to be notified at least 45 days before the hearing date.
27. Allows the PSRB to grant a request to continue a hearing in order to comply.
28. Provides that the PSRB's decision is effective on issuance of the PSRB's written decision.
29. Requires the PSRB to issue a written decision to all parties, any victim and the committing court within seven days after the conclusion of the hearing.
30. Requires the written decision to contain a summary of the evidence that the PSRB found to be credible and any evidence that the PSRB found unpersuasive, specific separately stated findings of fact and conclusions of law, and information on the person's right to appeal.
31. Requires the findings of fact to include a concise and explicit statement of the underlying facts that support the findings.
32. Requires any portion of the PSRB's order that contains private identifying information about the patient, treatment supervisor or pass supervisor to be maintained in a separate confidential section that may not be disclosed to the public or to a victim.
33. Requires, on request of any party, the PSRB to grant a reasonable request for a hearing or a continuance for a previously scheduled hearing.
34. Allows a request for a hearing or a continuance for a previously scheduled hearing to be ruled on by the Chairperson or Vice Chairperson.
35. Allows 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.
36. Defines private identifying information.
PSRB Composition
37. Deems the PSRB as an independent state agency.
38. Prohibits a member of the PSRB from being employed by any public defense agency rather than by a public defender.
39. Adds a former judge as a nonvoting member, unless there is a tie, to the PSRB.
40. Requires the former judge member of the PSRB to serve as Chairperson.
41. Requires the PSRB to meet at least once, rather than at least twice, each month.
42. Requires a PSRB member to receive $250 for attending a PSRB meeting and $250 for PSRB meeting preparation.
43. Requires the Chairperson and Vice Chairperson to receive $50 for each day that the Chairperson or Vice Chairperson is engaged in an activity that is substantially related to PSRB duties and that is outside of a PSRB meeting and preparing for a PSRB meeting.
44. Requires the PSRB to employ an Executive Director, who:
a) serves at the pleasure of the PSRB;
b) performs all administrative, operational and financial functions for the PSRB;
c) may not offer legal advice, question a witness or participate in PSRB deliberations;
d) is eligible to receive compensation pursuant to statute; and
e) may employ additional administrative personnel.
45. Specifies that the presence of three members of the PSRB constitutes a quorum for the transaction of business.
46. Requires, beginning January 1, 2022, each PSRB member to complete 12 hours of training within one year after the member's initial appointment to the PSRB.
47. Requires any member of the PSRB who was appointed prior to January 1, 2022, to complete the training by January 1, 2023.
48. Requires the training to include the subjects of:
a) governance and administrative management;
b) conduct of quasi-judicial proceedings; and
c) administrative procedure and rule adoption.
49. Allows the Arizona Attorney General's (AG's) Office, the Arizona Department of Administration or an outside educational institution to provide the training for PSRB members.
50. Specifies that a PSRB action is not subject to challenge or invalidation because a PSRB member did not complete the required training.
PSRB Powers and Duties
51. Specifies that the PSRB's authority to hold hearings also applies to the ability to transfer a committed person back to the superior court.
52. Provides that a conditional release, in addition to being continued, modified or terminated, can be granted or suspended.
53. Removes the requirement that each application for a hearing must be accompanied by a report setting forth the facts supporting the application.
54. Removes the stipulation that termination of conditional release requires a vote of three of the four PSRB members.
55. Removes the exemption of PSRB deliberations from the requirement that the PSRB keep a record of all hearings before the PSRB.
56. Requires specified notices given by the PSRB to be provided to all parties rather than to the