Bill Text: AZ SB1030 | 2021 | Fifty-fifth Legislature 1st Regular | Introduced
Bill Title: Guilty except insane; court jurisdiction
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2021-05-28 - Governor Vetoed [SB1030 Detail]
Download: Arizona-2021-SB1030-Introduced.html
PREFILED JAN 04 2021
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REFERENCE TITLE: guilty except insane; court jurisdiction |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SB 1030 |
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Introduced by Senator Barto
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AN ACT
amending sections 11‑584, 12-253, 12-820.02, 13-502 and 13-2503, Arizona Revised Statutes; providing for transferring and renumbering; amending title 13, chapter 38, article 14, Arizona Revised Statutes, by adding new sections 13‑3991 and 13‑3992; amending sections 13-3993 and 13‑3994, Arizona Revised Statutes; amending title 13, chapter 38, article 14, Arizona Revised Statutes, by adding sections 13‑3995, 13‑3996, 13-3997, 13‑3998, 13‑3999 and 13‑4000; amending sections 13-4065 and 13-4416, Arizona Revised Statutes; repealing title 31, chapter 4, Arizona Revised Statutes; amending sections 36-206, 36-209 and 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 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 13‑3994 13‑3992 for that term. 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 13-2503, 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. 6. 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. 7. Title 13, chapter 38, article 14, Arizona Revised Statutes, is amended by adding new sections 13-3991 and 13‑3992, to read:
13-3991. Definitions
In this article, unless the context otherwise requires:
1. "Conditional release" means release from a secure mental health facility under the specified written conditions.
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.
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.
4. "Mental disorder" means a psychiatric or neurological disorder that is evidenced by behavior or emotional symptoms, including congenital mental conditions, conditions resulting from injury or disease and developmental disabilities as defined in section 36-551.
5. "Mental health report" means a report that is written by a treatment supervisor or other qualified expert, that documents the condition of a person's mental health and that includes at least 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 disorder 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.
6. "Parties" includes the person under the court's jurisdiction, the secure mental health facility, the outpatient treatment supervisor and the county attorney or attorney general who is representing the state.
7. "Pass supervisor" means a person or agency representative who is approved by the court to accompany a person on approved conditional release for pass privileges.
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.
9. "Qualified expert" means a psychologist, psychiatrist or psychiatric nurse practitioner 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.
10. "Risk assessment" means a comprehensive assessment of a person's risk for violent behavior.
11. "Secure mental health facility" means a secure state mental health facility that is under the department of health services.
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.
13. "Sufficient cause" means a reasonable belief that the circumstance is true or necessary and is less than a preponderance.
14. "Treatment supervisor" means a qualified expert who is a person's inpatient or outpatient supervising and treating clinician.
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. 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 disorder or that the person still has a mental disorder 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 disorder and may present a threat of danger to self or others, has a grave, persistent or acute disability or has a propensity to reoffend, 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 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 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, 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 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.
Sec. 8. Section 13-3993, Arizona Revised Statutes, is amended to read:
13-3993. Examination of defendant pleading guilty except insane; 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 disorder at the time of the alleged offense, the relationship of the mental disorder 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 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 the state department of corrections.
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. 9. Section 13-3994, Arizona Revised Statutes, is amended to read:
13-3994. Persons under jurisdiction of the superior court; hearing; mental health report; risk assessment; conditional release; hearings 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 superior court pursuant to subsection D of this section is not eligible for discharge from the board's jurisdiction until the board's jurisdiction over the person expires date set by the court.
F. B. A secure mental health facility may 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 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 superior court may request a hearing pursuant to section 13-3997. The person may attend any hearing by video teleconference from the secure mental health facility. After the hearing, the board court may take one of the following actions:
1. If the psychiatric security review board court finds that the person still suffers from has a mental disease or defect disorder and is dangerous, the board court shall order that the person remain committed at the secure state mental health facility.
2. If the person proves by clear and convincing evidence court finds that the person no longer suffers from needs ongoing treatment for a mental disease or defect and disorder, is not dangerous and does not have a propensity to reoffend, the psychiatric security review board court shall order place the person's release. The person shall remain under the jurisdiction of the board. Before determining to release 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 person on probation for the remainder of the commitment term imposed pursuant to section 13‑502, subsection D.
3. If the psychiatric security review board court finds that the person still suffers from has a mental disease or defect disorder or that the mental disease or defect disorder 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. 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 could have been sentenced pursuant to section 13‑704, section 13‑710 or section 13‑751, subsection A and the psychiatric security review board court finds that the person no longer needs ongoing treatment for has a mental disease disorder and the person is dangerous or has a propensity to reoffend, the board court shall impose the sentence and 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. The board shall consider the safety and protection of the public 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.
D. A person who is conditionally released is subject to all of the following:
1. The 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 secure mental health facility shall monitor the person on conditional release.
2. Before the person is conditionally released, a supervised treatment plan must be in place.
3. The 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 court must find by clear and convincing evidence that the safety of the community will be protected and the person will be safe under the proposed supervised treatment plan.
4. If approved by the 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 court's conditional release order or provide the court and the parties with the reasons why the secure mental health facility did not implement the 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. E. At any 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.
F. Unless otherwise provided in this section or on a showing of sufficient cause, a party shall submit a request for a hearing pursuant to section 13-3995, 13‑3996 or 13‑3997 and include the reasons for the request. When a hearing is set, the court shall order the treatment provider to submit a mental health report.
G. The court's decision is effective on oral pronouncement. Any portion of the order that contains personal identifying information about the patient, treatment supervisor or pass supervisor shall be 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, telephone number and address and employer information.
Sec. 10. Title 13, chapter 38, article 14, Arizona Revised Statutes, is amended by adding sections 13‑3995, 13-3996, 13‑3997, 13‑3998, 13‑3999 and 13‑4000, to read:
13-3995. Hearing on motion of the secure mental health facility; expedited hearing; return to hospitalization
a. On the request of the secure mental health facility, the court shall grant a hearing to monitor a person's progress 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. On the request of the person or the secure mental health facility, the court shall order the outpatient treatment supervisor to submit a mental health report to the court and the parties not later than fourteen days before the hearing.
B. If sufficient cause exists, the secure mental health facility may request an expedited hearing. If requested, the court shall set an expedited hearing to monitor a person's progress or mental health. The secure mental health facility must 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. The 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 secure mental health facility has reason to believe that the person has violated the conditional release order or that the person's mental health has deteriorated, the 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 chief medical officer or the chief medical officer's designee shall consult with the outpatient treatment supervisor or the treatment supervisor's designee to determine if rehospitalization is necessary to protect the safety of the public or the person. WIth sufficient cause, the chief medical officer or the chief medical officer's designee 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 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 court shall be notified immediately and must set a hearing pursuant to section 13‑3998.
D. All monthly monitoring reports regarding a person who is on conditional release shall be submitted to the secure mental health facility and the secure mental health facility may take any appropriate action pursuant to this section.
13-3996. Hearing on request of the treatment supervisor; requirements; release terms
a. On request of a treatment supervisor, the court shall grant a hearing to review the status of the person under supervision. The treatment supervisor 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 court and the parties simultaneously and include a mental health report 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.
C. If a treatment supervisor believes that the person has violated a conditional release term or that the person's mental health has deteriorated, 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 court. The treatment supervisor shall file a written mental health report under seal, including the circumstances and the reasons for any proposed change, to the court and the parties within seven days after the request for a hearing.
2. If the person is conditionally released to the community, the 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 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 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 court and the parties Within seven days after the request is made pursuant to this subsection.
D. If the person is conditionally released to the community and the treatment supervisor has sufficient cause to believe that the person's mental health has deteriorated such that immediate rehospitalization is necessary to protect the safety of the public or the person, the treatment supervisor may sign an order directing the person's return and members of the treatment team may transport the person to the secure mental health facility and the person shall be immediately readmitted. The treatment supervisor shall inform the court and the parties within one court day after the person's return. The court shall set a hearing pursuant to section 13‑3998. The outpatient treatment supervisor shall submit a written mental health report to the 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.
13-3997. Hearing on motion of a person under the jurisdiction of the court
a. A person who is under the jurisdiction of the court may request and the court shall grant a hearing not sooner than one hundred twenty days after the person is committed to a secure mental health facility. After the initial hearing or any subsequent hearing, a person may request and the court shall grant a hearing not sooner than twenty months after the previous hearing.
B. the court, with sufficient cause, may grant a motion for a hearing by the person at any time.
C. If the person 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 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 sign an order for immediate readmission to the secure mental health facility. The court shall set a hearing pursuant to section 13‑3998. The inpatient and outpatient treatment supervisors shall submit a mental health report to the court within seven days after the person is readmitted.
13-3998. Return of person under jurisdiction to secure mental health facility; hearing; procedures
a. A written order of the court, the chief medical officer or the chief medical officer's designee or the outpatient 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 and the court. The sheriff or other peace officer shall execute the order and immediately notify the 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 all information and evidence that was considered when ordering the person's return.
C. Within seven days after a person's return to the secure mental health facility pursuant to section 13-3995, 13‑3996 or 13‑3997, the 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 court shall order the person's immediate release under the previously imposed conditional release terms. The court, with sufficient cause, may amend the person's conditional release terms.
2. Supported by sufficient cause, the court may amend the conditional release terms and release the person if the 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 court determines that the person is in need of further evaluation or treatment, the 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 court and parties by a date set by the 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.
13-3999. Hearing on expiration of jurisdiction
a. At least thirty days before the expiration of jurisdiction over a person pursuant to section 13‑502, the court shall set an expiration hearing and order the treatment supervisor to provide to the 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, acute or grave disability and whether the person meets the criteria for involuntary hospitalization pursuant to Title 36, Chapter 5.
B. After an expiration hearing, the court may allow jurisdiction to expire without further action or may order the county attorney of the committing county to begin proceedings for court-ordered evaluation pursuant to Title 36, chapter 5.
C. If the court orders an 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 jurisdiction. The treatment supervisor shall assist the person with securing transportation to the location of the evaluation.
D. If the court orders an evaluation for a person who resides in a secure mental health facility, the 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 supervisory jurisdiction over the person.
13-4000. Expert witness; opinion evidence
a. Before any hearing, either party may retain an independent qualified expert to evaluate the person and make recommendations to the 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 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. Any party may request and the court, with sufficient cause, shall grant a continuance for a hearing to accommodate a reasonable request to obtain a qualified expert evaluation. a Hearing pursuant to section 13‑3998, subsection C may not be continued at the state's request.
G. The court, with sufficient cause, may order a mental health evaluation by its own appointed qualified expert. An evaluation conducted pursuant to this subsection is at the county's expense. A qualified expert who is appointed by the court must provide a written report to the parties at least fourteen days before a hearing. The expert must be available to testify and, if requested, be interviewed or deposed by any party.
Sec. 11. 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. 12. 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. 13. Repeal
Title 31, chapter 4, Arizona Revised Statutes, is repealed.
Sec. 14. 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. 15. 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. 16. 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. 17. Repeal
Section 41-3028.11, Arizona Revised Statutes, is repealed.
Sec. 18. 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. 19. Transfer of jurisdiction of psychiatric security review board powers and duties; monthly reports
A. Beginning from and after the effective date of this act, the superior court shall have exclusive supervisory jurisdiction over all persons who are under the supervision of the psychiatric security review board on the effective date of this act.
B. The superior court is vested with the powers and duties of the psychiatric security review board as they existed before the effective date of this act to carry out the provisions of this act.
Sec. 20. Effective date
This act is effective from and after June 30, 2022.
