Arizona 2024 Regular Session

Arizona Senate Bill SB1597 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: mental health court; incompetency; diversion State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 SB 1597 Introduced by Senator Wadsack: Representative Hernandez C An Act amending title 22, chapter 6, article 1, Arizona Revised Statutes, by adding sections 22-603 and 22-604; relating to mental health courts. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: mental health court; incompetency; diversion
10	10	State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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12	12	Introduced by Senator Wadsack: Representative Hernandez C
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14	14	REFERENCE TITLE: mental health court; incompetency; diversion
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46	46	Senator Wadsack: Representative Hernandez C
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64	64	An Act
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68	68	amending title 22, chapter 6, article 1, Arizona Revised Statutes, by adding sections 22-603 and 22-604; relating to mental health courts.
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74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 22, chapter 6, article 1, Arizona Revised Statutes, is amended by adding sections 22-603 and 22-604, to read: START_STATUTE22-603. Eligibility for mental health courts; requirements A. A person is ELIGIBLE to enter a mental health court if all of the following apply: 1. The person is eighteen years of age or older. 2. 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. This section does not establish eligibility based on 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. (b) A current diagnosis of substance use disorder unless the person also meets the required criteria in this section. 3. The person is not clinically stabilized in ongoing voluntary treatment. 4. At least one of the following applies: (a) The person is unlikely to survive safely in the community without supervision and the person's condition is substantially deteriorating. (b) 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. 5. Participation in a mental health court would be the least restrictive alternative necessary to ensure the person's recovery and stability. 6. It is likely that the person will benefit from participation in a mental health court. B. Notwithstanding any other law, A mental health court proceeding may be commenced in any of the following counties: 1. The county in which the person resides. 2. The county where the person is found. 3. The county where the person is facing criminal proceedings. C. Notwithstanding subsection B, paragraph 2 of this section, If the person does not reside in the county in which proceedings are initiated, with the person's consent, the proceedings shall be transferred to the county of residence as soon as reasonably feasible. If the person does not consent to the transfer, the proceedings shall continue in the county where the person was found. END_STATUTE START_STATUTE22-604. Criminal case diversion for mentally incompetent; mental health courts; requirements A. Notwithstanding any other law, If a defendant is found mentally incompetent, the trial, judgment or hearing on an alleged misdemeanor violation shall be suspended and the court may Conduct a hearing and if the court deems the defendant eligible, grant diversion for a period not to exceed one year 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. If the court conducts a hearing pursuant to this subsection, the hearing shall be held within thirty days after the finding of incompetence. If the hearing is delayed beyond thirty days, the court shall order the defendant to be released on the defendant's own recognizance pending the hearing. B. If the defendant performs satisfactorily on diversion pursuant to this section, at the end of the period of diversion, the court shall dismiss the criminal charges that were the subject of the criminal proceedings at the time of the initial diversion. C. If the court finds the defendant ineligible for diversion based on the circumstances, the court, after notice to the defendant, defense counsel and the prosecution, may hold a hearing to determine whether to Refer the defendant to a mental health court. A hearing to determine eligibility for CARE shall be held within fourteen days after the date of the referral. If the hearing is delayed beyond fourteen days, the court shall order the defendant, if confined in county jail, to be released on the defendant's own recognizance pending that hearing. If the defendant is accepted into a mental health court, the charges shall be dismissed. If the criminal action is dismissed, the court shall transmit a copy of the order of dismissal to the county behavioral health director or the director's designee. D. a defendant who is in a mental health court shall receive mental health treatment in a treatment facility and not a jail. 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. A defendant who is not in actual custody shall 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. END_STATUTE
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Title 22, chapter 6, article 1, Arizona Revised Statutes, is amended by adding sections 22-603 and 22-604, to read:
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84	84	START_STATUTE22-603. Eligibility for mental health courts; requirements
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86	86	A. A person is ELIGIBLE to enter a mental health court if all of the following apply:
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88	88	1. The person is eighteen years of age or older.
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90	90	2. 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. This section does not establish eligibility based on either of the following:
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92	92	(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.
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94	94	(b) A current diagnosis of substance use disorder unless the person also meets the required criteria in this section.
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96	96	3. The person is not clinically stabilized in ongoing voluntary treatment.
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98	98	4. At least one of the following applies:
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100	100	(a) The person is unlikely to survive safely in the community without supervision and the person's condition is substantially deteriorating.
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102	102	(b) 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.
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104	104	5. Participation in a mental health court would be the least restrictive alternative necessary to ensure the person's recovery and stability.
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106	106	6. It is likely that the person will benefit from participation in a mental health court.
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108	108	B. Notwithstanding any other law, A mental health court proceeding may be commenced in any of the following counties:
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110	110	1. The county in which the person resides.
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112	112	2. The county where the person is found.
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114	114	3. The county where the person is facing criminal proceedings.
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116	116	C. Notwithstanding subsection B, paragraph 2 of this section, If the person does not reside in the county in which proceedings are initiated, with the person's consent, the proceedings shall be transferred to the county of residence as soon as reasonably feasible. If the person does not consent to the transfer, the proceedings shall continue in the county where the person was found. END_STATUTE
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118	118	START_STATUTE22-604. Criminal case diversion for mentally incompetent; mental health courts; requirements
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120	120	A. Notwithstanding any other law, If a defendant is found mentally incompetent, the trial, judgment or hearing on an alleged misdemeanor violation shall be suspended and the court may Conduct a hearing and if the court deems the defendant eligible, grant diversion for a period not to exceed one year 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. If the court conducts a hearing pursuant to this subsection, the hearing shall be held within thirty days after the finding of incompetence. If the hearing is delayed beyond thirty days, the court shall order the defendant to be released on the defendant's own recognizance pending the hearing.
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122	122	B. If the defendant performs satisfactorily on diversion pursuant to this section, at the end of the period of diversion, the court shall dismiss the criminal charges that were the subject of the criminal proceedings at the time of the initial diversion.
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124	124	C. If the court finds the defendant ineligible for diversion based on the circumstances, the court, after notice to the defendant, defense counsel and the prosecution, may hold a hearing to determine whether to Refer the defendant to a mental health court. A hearing to determine eligibility for CARE shall be held within fourteen days after the date of the referral. If the hearing is delayed beyond fourteen days, the court shall order the defendant, if confined in county jail, to be released on the defendant's own recognizance pending that hearing. If the defendant is accepted into a mental health court, the charges shall be dismissed. If the criminal action is dismissed, the court shall transmit a copy of the order of dismissal to the county behavioral health director or the director's designee.
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126	126	D. a defendant who is in a mental health court shall receive mental health treatment in a treatment facility and not a jail. 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. A defendant who is not in actual custody shall 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. END_STATUTE