| 69 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-712, Arizona Revised Statutes, is amended to read: START_STATUTE13-712. Calculation of terms of imprisonment A. A sentence of imprisonment commences when sentence is imposed if the defendant is in custody or surrenders into custody at that time. Otherwise it commences when the defendant becomes actually in custody. B. All time actually spent in custody pursuant to an offense until the prisoner is sentenced to imprisonment for such offense shall be credited against the term of imprisonment otherwise provided for by this chapter. A person who is found competent to stand trial after an involuntary commitment pursuant to section 13-4521 shall receive credit for all time that the person spent under the jurisdiction of the secure state mental health facility or the Arizona state hospital against a term of imprisonment for any of the charges that were the basis for the involuntary commitment. C. If a sentence of imprisonment is vacated and a new sentence is imposed on the defendant for the same offense, the new sentence is calculated as if it had commenced at the time the vacated sentence was imposed, and all time served under the vacated sentence shall be credited against the new sentence. D. If a person serving a sentence of imprisonment escapes from custody, the escape interrupts the sentence. The interruption continues until the person is apprehended and confined for the escape or is confined and subject to a detainer for the escape. Time spent in actual custody before return under this subsection shall be credited against the term authorized by law if custody rested on an arrest or surrender for the escape itself, or if the custody arose from an arrest on another charge which culminated in a dismissal or an acquittal, and the person was denied admission to bail pending disposition of that charge because of a warrant lodged against such person arising from the escape. E. The sentencing court shall include the time of commencement of sentence under subsection A of this section and the computation of time credited against sentence under subsection B, C or D of this section in the original or an amended commitment order, under procedures established by rule of court. END_STATUTE Sec. 2. Section 13-4521, Arizona Revised Statutes, is amended to read: START_STATUTE13-4521. Dangerous and incompetent defendants; proof evident hearing; commitment trial; disposition; findings; annual report A. If a court enters an order pursuant to section 13-4517, subsection A, paragraph 4, the court shall hold a hearing within ten days after the order is issued to determine if the proof is evident or the presumption great that the defendant committed the act that constitutes a serious offense as defined in section 13-706. If the court does not find the proof is evident or the presumption great that the defendant committed the act, the court shall proceed pursuant to section 13-4517, subsection A, paragraph 1, 2 or 3. B. If the court does find the proof is evident or the presumption great pursuant to subsection A of this section, the court shall hold a trial within one hundred twenty days after the court issued the order pursuant to section 13-4517, subsection A, paragraph 4 to determine if the defendant is dangerous and should be involuntarily committed. Unless the state or defendant requests a jury trial, a trial held pursuant to this subsection shall be before the court. C. The Arizona rules of evidence and the Arizona rules of civil procedure apply to proceedings held pursuant to this section, except that the court may consider evidence that is not admissible under the Arizona rules of evidence when making a determination pursuant to subsection A of this section. D. If there has not been a previous evaluation to determine whether the defendant is dangerous, the defendant shall be examined by mental health experts in accordance with the requirements of section 13-4509, subsection D to determine if the defendant should be considered dangerous. The state and the defendant may each retain a mental health expert to examine the defendant and present the defendant's mental health evaluation at the trial. E. At a trial to determine if the defendant is dangerous, the state shall establish beyond a reasonable doubt that the defendant is dangerous and should be involuntarily committed. If the factfinder does not find that the defendant is dangerous or does not find that the defendant should be involuntarily committed, the court shall proceed pursuant to section 13-4517, subsection A, paragraph 1, 2 or 3. F. If the factfinder finds that the defendant is dangerous and should be involuntarily committed, the court shall dismiss the charges against the defendant without prejudice and order the defendant to be committed to a secure state mental health facility or the Arizona state hospital. The defendant shall receive education, care, supervision and treatment to render the defendant either competent or nondangerous. G. If the court issues a commitment order pursuant to this section: 1. All further proceedings for the defendant's continued treatment and the circumstances under which the defendant may be released shall be conducted pursuant to title 36, chapter 40. 2. The order shall require that the defendant remain committed to a secure state mental health facility or the Arizona state hospital until any of the following occurs: (a) The court finds that the defendant is competent to stand trial. (b) The court finds that the defendant is no longer dangerous. H. A commitment order issued pursuant to this section may not be in effect for more than the presumptive sentence the defendant could have received for the highest charged offense pursuant to section 13-702 or 13-703, section 13-704, subsection A, B, C, D or E, section 13-705, section 13-706, subsection A, section 13-708, subsection D or section 13-751 or any section for which a specific sentence is authorized. In making this determination, the court may not consider the sentence enhancements under section 13-703 or 13-704 for prior convictions. The court shall consider all time a defendant has been in custody, including pretrial detention and custody under title 36. I. The court shall retain jurisdiction over a defendant who is committed pursuant to this section until the court discharges the defendant from treatment. If a defendant is discharged or released on the expiration of a commitment order issued pursuant to this section, the medical director of the secure state mental health facility or the Arizona state hospital from which the defendant is discharged or released or the state may file a petition stating that the defendant requires further treatment pursuant to title 36, chapter 5 or the appointment of a guardian pursuant to title 14. J. Findings by the court made pursuant to this section and, except as provided in section 13-4508, any statements made by the defendant during an examination by a mental health expert pursuant to section 13-4509 are inadmissible in any proceeding other than a proceeding under title 36, chapters 5 and 40. K. A person who is involuntarily committed to a secure state mental health facility or the Arizona state hospital pursuant to this section shall receive credit for all time spent under the jurisdiction of the secure state mental health facility or the Arizona state hospital if the person is found competent to stand trial and is subsequently sentenced to the state department of corrections for any of the charges that were the basis for the involuntary commitment. L. The court shall annually report the following information for the previous year to the Arizona criminal justice commission: 1. The number of court orders for a trial pursuant to section 13-4517, subsection A, paragraph 4, including the number of jury trials that were held. 2. The number of defendants who are committed after a trial pursuant to this section. 3. The number of committed defendants who are conditionally released to a less restrictive alternative. 4. The number of committed defendants who are restored to competency or determined to not be dangerous and who are discharged. END_STATUTE Sec. 3. Section 36-425.06, Arizona Revised Statutes, is amended to read: START_STATUTE36-425.06. Secure behavioral health residential facilities; license; annual reports; definition A. The department shall license secure behavioral health residential facilities to provide secure twenty-four-hour on-site supportive treatment and supervision by staff with behavioral health training for persons who have been determined to be seriously mentally ill, who are chronically resistant to treatment for a mental disorder and who are placed in the facility pursuant to a court order issued pursuant to section 36-550.09 or who have been committed pursuant to a court order issued pursuant to section 13-4521. A secure behavioral health residential facility may provide services only to persons placed in or committed to the facility pursuant to a court order issued pursuant to section 36-550.09 or 13-4521 and may not provide services to any other persons on that facility's premises. A secure behavioral health residential facility may not have more than sixteen beds. A secure behavioral health residential facility that provides services to persons who are: 1. Placed in the secure behavioral health residential facility pursuant to a court order issued pursuant to section 36-550.09 may not provide services to any other persons on that facility's premises. 2. Committed to the secure behavioral health residential facility pursuant to a court order issued pursuant to section 13-4521 may not provide services to any other persons on that facility's premises. B. On or before September 1 of each year: , 1. The director of the Arizona health care cost containment system administration shall submit a report to the governor, the legislature and the supreme court that includes all of the following information: 1. (a) An accounting of where the monies appropriated to the Arizona health care cost containment system administration for secure behavioral health residential facilities were used during the previous year. 2. (b) The number of available beds in each secure behavioral health residential facility for persons who are placed pursuant to section 36-550.09. 2. The Arizona health care cost containment system shall submit a report to the governor, the legislature and the supreme court on the number of available beds in each secure behavioral health residential facility for persons who are committed pursuant to section 13-4521. C. For the purposes of this section, "secure" means premises that limit a patient's egress in the least restrictive manner consistent with the patient's court-ordered treatment plan. END_STATUTE |
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| 67 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-712, Arizona Revised Statutes, is amended to read: START_STATUTE13-712. Calculation of terms of imprisonment A. A sentence of imprisonment commences when sentence is imposed if the defendant is in custody or surrenders into custody at that time. Otherwise it commences when the defendant becomes actually in custody. B. All time actually spent in custody pursuant to an offense until the prisoner is sentenced to imprisonment for such offense shall be credited against the term of imprisonment otherwise provided for by this chapter. A person who is found competent to stand trial after an involuntary commitment pursuant to section 13-4521 shall receive credit for all time that the person spent under the jurisdiction of the secure state mental health facility as defined in section 13-4501 against a term of imprisonment for any of the charges that were the basis for the involuntary commitment. C. If a sentence of imprisonment is vacated and a new sentence is imposed on the defendant for the same offense, the new sentence is calculated as if it had commenced at the time the vacated sentence was imposed, and all time served under the vacated sentence shall be credited against the new sentence. D. If a person serving a sentence of imprisonment escapes from custody, the escape interrupts the sentence. The interruption continues until the person is apprehended and confined for the escape or is confined and subject to a detainer for the escape. Time spent in actual custody before return under this subsection shall be credited against the term authorized by law if custody rested on an arrest or surrender for the escape itself, or if the custody arose from an arrest on another charge which culminated in a dismissal or an acquittal, and the person was denied admission to bail pending disposition of that charge because of a warrant lodged against such person arising from the escape. E. The sentencing court shall include the time of commencement of sentence under subsection A of this section and the computation of time credited against sentence under subsection B, C or D of this section in the original or an amended commitment order, under procedures established by rule of court. END_STATUTE Sec. 2. Section 13-4501, Arizona Revised Statutes, is amended to read: START_STATUTE13-4501. Definitions In this chapter, unless the context otherwise requires: 1. "Clinical liaison" means a mental health expert or any other individual who has experience and training in mental health or developmental disabilities and who is qualified and appointed by the court to aid in coordinating the treatment or training of individuals who are found incompetent to stand trial. If intellectual disability is an issue, the clinical liaison shall be an expert in intellectual disabilities. 2. "Dangerous" means that, as a result of a mental illness, defect or disability, a person's continued behavior can reasonably be expected, on the basis of a mental health expert's opinion, to result in serious physical harm or death to another person. 3. "Incompetent to stand trial" means that as a result of a mental illness, defect or disability a defendant is unable to understand the nature and object of the proceeding or to assist in the defendant's defense. In the case of a person under eighteen years of age when the issue of competency is raised, incompetent to stand trial also means a person who does not have sufficient present ability to consult with the person's lawyer with a reasonable degree of rational understanding or who does not have a rational and factual understanding of the proceedings against the person. The presence of a mental illness, defect or disability alone is not grounds for finding a defendant incompetent to stand trial. 4. "Mental health expert" means a physician who is licensed pursuant to title 32, chapter 13 or 17 or a psychologist who is licensed pursuant to title 32, chapter 19.1 and who is: (a) Familiar with this state's competency standards and statutes and criminal and involuntary commitment statutes. (b) Familiar with the treatment, training and restoration programs that are available in this state. (c) Certified by the court as meeting court developed guidelines using recognized programs or standards. 5. "Mental illness, defect or disability" means a psychiatric or neurological disorder that is evidenced by behavioral or emotional symptoms, including congenital mental conditions, conditions resulting from injury or disease and developmental disabilities as defined in section 36-551. 6. "Secure state mental health facility" means a secure behavioral health residential facility that is licensed pursuant to section 36-425.06 or the arizona state hospital. 7. "Threat to public safety" means charged with the commission of any of the following: (a) A crime involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the infliction of physical injury on another person. (b) A dangerous crime against children pursuant to section 13-705. (c) Two or more nondangerous felonies within a period of twenty-four months. END_STATUTE Sec. 3. Section 36-425.06, Arizona Revised Statutes, is amended to read: START_STATUTE36-425.06. Secure behavioral health residential facilities; license; annual reports; definition A. The department shall license secure behavioral health residential facilities to provide secure twenty-four-hour on-site supportive treatment and supervision by staff with behavioral health training for persons who have been determined to be seriously mentally ill, who are chronically resistant to treatment for a mental disorder and who are placed in the facility pursuant to a court order issued pursuant to section 36-550.09 or who have been committed pursuant to a court order issued pursuant to section 13-4521. A secure behavioral health residential facility may provide services only to persons placed in or committed to the facility pursuant to a court order issued pursuant to section 36-550.09 or 13-4521 and may not provide services to any other persons on that facility's premises. A secure behavioral health residential facility may not have more than sixteen beds. A secure behavioral health residential facility that provides services to persons who are: 1. Placed in the secure behavioral health residential facility pursuant to a court order issued pursuant to section 36-550.09 may not provide services to any other persons on that facility's premises. 2. Committed to the secure behavioral health residential facility pursuant to a court order issued pursuant to section 13-4521 may not provide services to any other persons on that facility's premises. B. On or before September 1 of each year: , 1. The director of the Arizona health care cost containment system administration shall submit a report to the governor, the legislature and the supreme court that includes all of the following information: 1. (a) An accounting of where the monies appropriated to the Arizona health care cost containment system administration for secure behavioral health residential facilities were used during the previous year. 2. (b) The number of available beds in each secure behavioral health residential facility for persons who are placed pursuant to section 36-550.09. 2. The Arizona health care cost containment system shall submit a report to the governor, the legislature and the supreme court on the number of available beds in each secure behavioral health residential facility for persons who are committed pursuant to section 13-4521. C. For the purposes of this section, "secure" means premises that limit a patient's egress in the least restrictive manner consistent with the patient's court-ordered treatment plan. END_STATUTE Sec. 4. Section 36-4001, Arizona Revised Statutes, is amended to read: START_STATUTE36-4001. Definitions In this article, unless the context otherwise requires: 1. "Attorney for the state" means the county attorney in the county where the committed defendant was found to be a committed defendant, or the attorney general, who represents this state at any proceedings held pursuant to this chapter. 2. "Biannually" means twice per year. 3. "Committed defendant": (a) Means a person who has been determined to be incompetent and nonrestorable and dangerous pursuant to title 13, chapter 41. (b) Includes the committed defendant's attorney or the committed defendant's court-appointed guardian, if any. 4. "Competent professional" means a person who is: (a) Familiar with this state's criminal and involuntary commitment statutes and standards that are available in this state for persons with a mental illness, defect or disability. (b) Approved by the superior court as meeting court approved court-approved guidelines. 5. "Dangerous" means that, as a result of a mental illness, defect or disability, a person's continued behavior can reasonably be expected, on the basis of a mental health expert's opinion, to result in serious physical harm or death to another person. 6. "Less restrictive alternative" means court-ordered treatment in a setting that is less restrictive than total confinement. 7. "Medical director" means the medical director of the secure behavioral health residential facility in which the committed defendant resides. 8. "Mental illness, defect or disability" means a psychiatric or neurological disorder that is evidenced by behavioral or emotional symptoms, including a congenital mental condition, a condition resulting from injury or disease or a developmental disability as defined in section 36-551. 9. "Secure state mental health facility" means a secure behavioral health residential facility that is licensed pursuant to section 36-425.06 or the arizona state hospital. END_STATUTE Sec. 5. Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law. |
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