Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1597
mental health court; incompetency; diversion
Purpose
Establishes eligibility criteria for referral to mental health court and outlines procedures for
criminal case diversion for persons found mentally incompetent.
Background
The presiding judge of the superior court in each county may establish a homeless court,
veterans court and mental health court to adjudicate cases filed in a justice court or a municipal
court in the county. The presiding judge of the superior court must establish the eligibility criteria
for referral to the applicable court. A justice of the peace or municipal court judge who has
jurisdiction over a case that meets the eligibility criteria may refer the case to the applicable court.
The originating court must notify the prosecutor of any criminal case referred to the homeless
court, veterans court or mental health court (A.R.S. § 22-601). The originating justice court of
municipal court must maintain jurisdiction of a case that is referred to homeless court, veterans
court or mental health court, and any judicial officer in the county where the offense occurred has
authority to adjudicate a case referred to the courts as outlined (A.R.S. § 22-602).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Stipulates that a person is eligible to enter a mental health court if the following apply;
a) the person is 18 years of age or older;
b) the person is currently experiencing a severe mental illness and has a diagnosis that is
identified in the disorder class of schizophrenia spectrum and other psychotic disorders as
defined in the most current version of the diagnostic and statistical manual of mental
disorders;
c) the person is not clinically stabilized in ongoing voluntary treatment;
d) at least one of the following applies:
i. the person is unlikely to survive safely in the community without supervision and the
person's condition is substantially deteriorating; or
ii. the person is in need of services and supports in order to prevent a relapse or
deterioration that would be likely to result in grave disability or serious harm to the
person or others;
e) participation in a mental health court would be the least restrictive alternative necessary to
ensure the person's recovery and stability; and
f) it is likely that the person will benefit from participation in a mental health court. FACT SHEET
S.B. 1597
Page 2
2. Exempts, from the eligibility requirements for a person to enter a mental health court, either of
the following:
a) a psychotic disorder that is due to a medical condition or is not primarily psychiatric in
nature, including physical health conditions such as traumatic brain injury, autism,
dementia or neurologic conditions; or
b) a current diagnosis of substance use disorder unless the person also meets the outlined
required criteria.
3. Allows a mental health court proceeding to be commenced in the following counties:
a) the county in which the person resides;
b) the county where the person is found; or
c) the county where the person is facing criminal proceedings.
4. Requires the proceedings, if the person does not reside in the county in which proceedings are
initiated, to be transferred, with the persons consent, to the county of residence as soon as
reasonably feasible.
5. Requires the proceedings, if the person does not consent to the transfer, to continue in the
county where the person was found.
6. Requires the trial, judgement or hearing on an alleged misdemeanor, if a defendant is found
mentally incompetent, to be suspended.
7. Allows the court to conduct a hearing on if a defendant is found mentally incompetent and if
the court deems the defendant eligible, the court may grant diversion for a period of one year
or less from the date the defendant is accepted into diversion or the maximum term of
imprisonment provided by law for the most serious offense charged in the misdemeanor
complaint, whichever is shorter.
8. Requires the hearing, if the court conducts an outlined hearing relating to a defendant that is
found mentally incompetent, to be held within 30 days after the finding of incompetence.
9. Requires the court, if the hearing is delayed beyond 30 days, to order the defendant to be
released on the defendants own recognizance pending the hearing.
10. Requires the court, if the defendant performs satisfactorily on diversion, at the end of the period
of diversion, to dismiss the criminal charges that were the subject of the criminal proceedings
at the time of the initial diversion.
11. Allows the court, if the court finds the defendant ineligible for diversion based on the
circumstances and after notice to the defendant, defense counsel and the prosecution, to hold
a hearing to determine whether to refer the defendant to a mental health court.
12. Requires a hearing to determine eligibility for care to be held within 14 days after the date of
the referral.
13. Requires the court, if the hearing is delayed beyond 14 days, to order the defendant, if confined
in county jail, to be released on the defendant's own recognizance pending the hearing. FACT SHEET
S.B. 1597
Page 3
14. Requires the charges to be dismissed if the defendant is accepted into a mental health court.
15. Requires the court, if the criminal action is dismissed, to transmit a copy of the order of
dismissal to the county behavioral health director or the director's designee.
16. Requires a defendant who is in a mental health court to receive mental health treatment in a
treatment facility and not a jail.
17. Stipulates that a term of four days will be deemed to have been served for every two days spent
in actual custody against the maximum term of diversion.
18. Requires a defendant who is not in actual custody to otherwise receive one day for every one
day served as credit against the term of diversion from the date the defendant is accepted into
diversion.
19. Becomes effective on the general effective date.
Prepared by Senate Research
February 13, 2024
ZD/cs