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Chapter 0012 - 572R - S Ver of HB2307
Senate Engrossed
House Bill
technical
correction; critical infrastructure information
(now:�
dangerous incompetent defendants; out-of-state facilities)
(now:� dangerous
incompetent defendants; study committee)
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
CHAPTER 12
HOUSE BILL 2307
AN
ACT
amending section 13-4521, Arizona
Revised Statutes; amending title 13, chapter 41, Arizona Revised Statutes, by
adding section 13-4521.01; repealing section 13-4521.01, Arizona
Revised Statutes, as added by this act; relating to
dangerous and incompetent
defendants
.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-4521, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-4521.
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. The defendant
shall receive education, care, supervision and treatment to render the
defendant either competent or nondangerous.
G. If the court issues
or has issued
a commitment order pursuant to this section:
1.
Until
December 31, 2031, if the defendant has been determined to be dangerous and
incompetent and is involuntarily committed to a secure state mental health
facility pursuant to this section but there are no beds available in a secure
state mental health facility in this state,
section 13-4521.01
applies to the placement of the defendant, but all other provisions of this
section remain applicable to the defendant.
1.
2.
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.
3.
The
order shall require that the defendant remain committed to a secure state
mental health facility 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 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 pursuant to this section shall receive
credit for all time spent under the jurisdiction of the secure state mental
health facility 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.
2.
Title
13, chapter 41, Arizona Revised Statutes, is amended by adding section
13-4521.01, to read:
START_STATUTE
13-4521.01.
Dangerous and incompetent defendants; placement until December
31, 2031; reports
A
. Until
December 31, 2031, if the court issues or has issued a commitment order
pursuant to section 13-4521 and there are No beds available in a secure
state mental health facility in this state, The Arizona state hospital may
accept the defendant for care and treatment on its forensic campus if all of
the following apply:
1. The defendant has been determined
to be dangerous and incompetent and is involuntarily committed to a secure
state mental health facility pursuant to section 13-4521.
2. The defendant has received at
least twelve months of restoration to competency services.
3. The defendant has a primary
psychiatric condition.
B. The order shall:
1. Require that the defendant remain
committed to the Arizona state hospital pursuant to this section or a secure
state mental health facility until either 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.
2. Include authorization for the
Arizona state hospital to provide necessary treatment to the DEFENDANT,
including the administration of medications as clinically indicated, and to
ensure the safety and security of the facility.
3. Allow the Arizona state hospital
to issue a standing order for the application of restraints to the DEFENDANT as
necessary to ensure the safety and security of the facility.
C. If the medical director determines
that a defendant who was determined TO BE dangerous, incompetent and
nonrestorable pursuant to section 13-4521 may no longer be dangerous or
incompetent, the disposition of the proceedings shall be pursuant to title 36,
chapter 40.
D. As
soon as practicable, on THE licensure of a secure state mental health facility
for the care and treatment of defendants WHO ARE committed under section 13-4521,
the Arizona state hospital shall coordinate the transfer of any defendant WHO
IS admitted to the Arizona state hospital pursuant to this section to the
secure state mental health facility.
E. The costs of
a defendant who
is determined TO BE dangerous,
incompetent and nonrestorable and who is
subsequently
admitted to the Arizona state hospital pursuant to this section shall be paid
by
the department of health services,
including
the costs for all
nonpsychiatric or nonmental health disorder-related services
provided to the defendant during the DEFENDANT's admission.
F. the Arizona state hospital may not
accept more than one defendant
who has
a primary psychiatric condition,
who has
been determined TO BE dangerous, incompetent and nonrestorable
pursuant to section 13-4521 and whose originating county has a population
of less than four hundred thousand persons
for care and
treatment on the Arizona state hospital's
forensic
campus.� If the Arizona state hospital reaches, or is expected to reach, the
maximum funded capacity for forensic programs, the superintendent shall inform each
county's presiding judge, county attorney and chairperson of the board of
supervisors
that the Arizona state hospital may not
accept any additional defendants pursuant to section 13-502, 13-3992
or 13-4521 or this section and the following apply:
1. Notwithstanding section 13-3992,
subsection E, the department of health services is not required to
reimburse a county for the actual costs of each day an admission is
deferred for a person who has been found guilty except insane pursuant to
section 13-502 if the deferral is due to a defendant admitted to the
Arizona state hospital pursuant to this section
.
2. Neither the department of health
services or its officers are liable for or subject to civil sanctions as a
result of the Arizona state hospital's inability to admit defendants due to
reaching the maximum funded capacity.
G. Beginning October 1, 2026 and
every six months thereafter, the administrative office of the courts shall
report to the Speaker of the house of representativeS, the president of the
senate, the governor and the director of the department of health services all
of the following:
1. The number of defendants who were
determined TO BE incompetent to stand trial and nonrestorable.
2. The number of trials initiated to
determine if a defendant is DANGEROUS pursuant to this section.
3. The number of defendants who were
determined to be dangerous pursuant to this section.
4. The
number of defendants who were determined TO BE either incompetent to stand
trial and nonrestorable or incompetent, nonrestorable and dangerous and who
were diagnosed with a neurocognitive or neurodevelopmental disorder, including
a traumatic brain injury, dementia or autism.
END_STATUTE
Sec. 3.
Delayed repeal
Section 13-4521.01, Arizona Revised
Statutes, as added by this act, is repealed from and after December 31, 2031.
Sec. 4.
Legislative study
committee on secure state mental health facilities; membership; powers and
duties; delayed repeal; definition
A. The legislative study
committee on secure state mental health facilities is established consisting of
the following members:
1. Three members of the
senate who are appointed by the president of the senate, not more than two of
whom are members of the same political party.
2. Three members of the
house of representatives who are appointed by the speaker of the house of
representatives, not more than two of whom are members of the same political
party.
3. The director of the
Arizona health care cost containment system or the director's designee.
4. The superintendent of
the Arizona state hospital or the superintendent's designee.
5. The attorney general or
a member of the attorney general's staff who has experience in civil commitment
procedures under title 36, Arizona Revised Statutes, and commitment procedures
under title 13, Arizona Revised Statutes.
6. One member who is from a
county attorney's office in a county with a population of at least one million
five hundred thousand persons and who is appointed by the speaker of the house
of representatives.
7. One member who is from a
county attorney's office in a county with a population of less than one million
five hundred thousand persons and who is appointed by the president of the
senate.
8. At least two private
sector providers who each have experience in operating behavioral health
facilities, one of whom is appointed by the speaker of the house of
representatives and one of whom is appointed by the president of the senate.
9. One member who is a
public defender in a county with a population of at least one million five
hundred thousand persons and who is appointed by the president of the senate.
10. One member who is a public
defender in a county with a population of less than one million five hundred
thousand persons and who is appointed by the speaker of the house of
representatives.
11. One member who is from
the administrative office of the courts.
12. One member who is from
a nonprofit federally mandated protection and advocacy agency for this state
and who is appointed by the president of the senate.
13. Two members who are
from a statewide association that represents county supervisors, one of whom
represents a county with a population of at least one million persons and who
is appointed by the speaker of the house of representatives and one of whom
represents a county with a population of less than one million persons and who
is appointed by the president of the senate.
B. The committee shall make
recommendations on the long-term feasibility of secure state mental
health facilities or other care models, and shall:
1. Identify sustainable
funding by analyzing and recommending long-term funding sources for
persons who are determined to be dangerous, incompetent and nonrestorable
pursuant to section 13-4521, Arizona Revised Statutes, as amended by this
act, including the feasibility of federal medicaid reimbursement models.
2. Determine the
appropriate per diem rates that are required to incentivize private providers
to build and operate secure state mental health facilities, including
accounting for specialized security and high-acuity clinical staffing.
3. Evaluate the feasibility
of privately operated secure state mental health facilities versus separate and
specialized secure state mental health facilities operated directly by the
Arizona state hospital.
4. Research if commitments
of defendants who have been determined to be dangerous, incompetent and
nonrestorable pursuant to section 13-4521, Arizona Revised Statutes, as
amended by this act, remains the most appropriate legal pathway and if a
modified civil commitment process under title 36, Arizona Revised Statutes,
provides better clinical outcomes and federal funding eligibility.
5. Review the literature
and data from this state and other jurisdictions to project the growth over the
next ten years of the population of defendants who have been determined to be
dangerous, incompetent and nonrestorable pursuant to section 13-4521,
Arizona Revised Statutes, as amended by this act.
6. Evaluate the costs and
logistics associated with entering into an interstate compact or multistate
agreement to establish an out of state placement for a defendant who has been
determined to be dangerous, incompetent and nonrestorable pursuant to section
13-4521, Arizona Revised Statutes, as amended by this act, if a bed in a
secure state mental health facility in this state is unavailable.
C. The committee may hold
hearings, conduct site visits to existing secure facilities and request data
from the department of health services, the Arizona health care cost
containment system and the administrative office of the courts.
D. Committee members are
not eligible to receive compensation but are eligible for reimbursement of
expenses pursuant to title 38, chapter 4, article 2, Arizona Revised Statutes.
E. On or before December
31, 2026, the committee shall submit a report of its findings and
recommendations to the governor, the president of the senate and the speaker of
the house of representatives and provide a copy of this report to the secretary
of state.
F. This section is repealed
from and after December 31, 2026.
G. For the purposes of this
section, "secure state mental health facility" has the same meaning
prescribed in section 13-4501, Arizona Revised Statutes.
Sec. 5.
Department of
health services; analysis; secure state mental health facilities
A. The department of health
services shall conduct an analysis of the cost to staff and construct a new
secure state mental health facility on the grounds of the Arizona state
hospital or renovate an existing structure to be converted to a secure state
mental health facility on the grounds of the Arizona state hospital for defendants
who are determined to be dangerous, incompetent and
nonrestorable pursuant to section 13-4521, Arizona Revised Statutes, as
amended by this act.
B. On or before November 1,
2026, the department shall submit the analysis to the president of the senate,
the speaker of the house of representatives and the governor and provide a copy
of this analysis to the secretary of state.
Sec. 6.
Applicability
Section 13-4521, Arizona
Revised Statutes, as amended by this act, and section 13-4521.01, Arizona
Revised Statutes, as added by this act, apply retroactively to from and after
December 31, 2023.
Sec. 7.
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.
APPROVED BY THE GOVERNOR APRIL 2, 2026.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 2, 2026.