Assigned to HHS & APPROP FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1101
appropriations; secure behavioral health facilities
Purpose
Appropriates $25,000,000 from the state General Fund (state GF) to the Arizona
Department of Administration (ADOA) for the support and construction of secure behavioral
health residential facilities. Appropriates an additional $10,000,000 from the state GF and
$18,768,700 from the Medicaid Expenditure Authority to the Arizona Health Care Cost
Containment System (AHCCCS) to increase the secure behavioral health provider rate.
Background
Beginning January 1, 2024, if a factfinder finds that a defendant is dangerous and should
be involuntarily committed to treatment, the court must dismiss the charges against the defendant
without prejudice and commit the defendant to a secure state mental health facility (Laws 2022,
Ch.352; A.R.S. § 13-4521). A secure state mental health facility is a secure behavioral health
residential facility (SBHRF) that is licensed by the Department of Health Services to provide
secure 24 hour on-site supportive treatment and supervision by staff with behavioral health training
for persons who have been determined to be seriously mentally ill, chronically resistant to
treatment for a mental disorder and who are placed in the SBHRF pursuant to court order (A.R.S.
§ 13-4501 and 36-425.06).
Laws 2022, Chapter 313 appropriated $25,000,000 to AHCCCS to support five SBHRFs
to provide secure on-site supportive treatment to persons who are determined to be seriously
mentally ill, chronically resistant to treatment and placed in an SBHRF pursuant to court order.
Appropriations for construction or other permanent improvements do not lapse until the purpose
for which the appropriation was made has been accomplished or abandoned, unless the
appropriation is available during the entire fiscal year without an expenditure from or encumbrance
on the appropriation (A.R.S. § 35-190). In FY 2024, the $25,000,000 appropriation made to
AHCCCS in FY 2023 was reduced to remove funding for the construction of SBHRFs (Laws
2023, Ch.133).
S.B.1101 appropriates $25,000,000 from the state GF in FY 2025 to ADOA and
$10,000,000 from the state GF in FY 2025 to the AHCCCS.
Provisions
1. Appropriates $25,000,000 from the state GF in FY2025 to ADOA for the support and
construction of SBHRFs.
2. Requires SBHRFs to provide secure on-site supportive treatment to persons who are
determined to be seriously mentally ill, chronically resistant to treatment and placed in an
SBHRF by court order. FACT SHEET
S.B. 1101
Page 2
3. Outlines where SBHRFs are required to be located as well as the number of SBHRFs to be
located in each geographical area as follows:
a) three SBHRFs in the central geographic service area;
b) one SBHRF in the north geographic service area; and
c) one SBHRF in the south geographic service area.
4. Requires ADOA to allocate up to $5,000,000 for each SBHRF and to prioritize SBHRFs that
can operate within 12 months of the effective date of this legislation.
5. Appropriates $10,000,000 from the state GF and $18,768,700 from the Medicaid Expenditure
Authority to AHCCCS in FY 2025 for an ongoing secure behavioral health provider rate
increase.
6. Becomes effective on the general effective date.
Prepared by Senate Research
January 26, 2024
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