mental illness; prisoners; diagnosis; treatment

SB1304 - 572R - I Ver

REFERENCE TITLE:
mental illness; prisoners; diagnosis; treatment

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1304

Introduced by

Senators
Miranda: Alston, Angius, Diaz, Epstein, Gabald�n, Gonzales, Hatathlie, Kuby,
Sears

AN
ACT

Amending sections 31-126 and 31-226,
Arizona Revised Statutes; amending title 31, chapter 2, article 2, Arizona
Revised Statutes, by adding section 31-226.02; amending section 36-521,
Arizona Revised Statutes; relating to incarcerated persons.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 31-126, Arizona Revised
Statutes, is amended to read:

START_STATUTE
31-126.

Examination; county prisoners; mental disorders; definition

A.
When a person
who is
confined in the county jail
upon
on the person's
arrest for or conviction of a
misdemeanor
crime
manifests symptoms of a mental disorder, the sheriff
shall
notify

cause the person to be
examined within twenty-four hours by
a licensed physician
who shall examine the person
. If in the judgment of
a
the
licensed physician the person
is suffering from a mental disorder
, proceedings shall be taken
and as a result of the mental disorder is a danger to self, a danger
to others or has a persistent or acute disability or grave disability, the
sheriff shall file a petition for evaluation
as prescribed by title 36,
chapter 5.�
If the petition for evaluation is granted, the
sheriff shall transport the prisoner to the appropriate evaluation
agency.
The proceedings under title 36, chapter 5
,
shall be separate from court proceedings relating to the

misdemeanor charge
criminal charge against
the person
.

b. on admission to the county jail, A
person shall be screened to determine whether the person has been diagnosed
with a mental illness and has been receiving treatment for the illness and
whether the person has been designated as seriously mentally ill.� If a prior
diagnosis of mental illness has been made, the sheriff shall determine what, if
any, treatment was being provided to the prisoner before confinement in the
county jail, including specifically what medications the prisoner was taking,
and shall take immediate steps to ensure that the prisoner continues to receive
prescribed medications uninterrupted within twenty-four hours after arriving in
the county jail and, to the extent practicable, that other treatments continue
uninterrupted while the prisoner is in the county jail.

c. If a prisoner has previously been
diagnosed with a mental illness or is discovered to have a mental illness on
examination by a licensed physician but has not been designated as seriously
mentally ill, the sheriff shall submit a request for a serious mental illness
determination from the appropriate regional behavioral health authority or the
state department of corrections, as appropriate, within seven days after
receiving the diagnosis. The sheriff shall provide the serious mental
illness evaluation agency with all available medical and psychiatric
evaluations and reports so that an accurate serious mental illness
determination can be made.

d. For the purposes of this section,
"licensed physician" has the same meaning prescribed in section 36-501.

END_STATUTE

Sec. 2. Section 31-226, Arizona Revised Statutes, is amended to read:

START_STATUTE
31-226.

Prisoners; mental disorders; procedure for voluntary or
involuntary hospitalization; notice; hearing; transfer; reports; return to
incarceration or release; costs; definition

A.
If

Within
seventy-two hours after
a prisoner
who is
confined
in any facility operated by the state department of corrections displays
symptoms of mental disorder to such a degree that transfer to the state
hospital or a licensed behavioral health or mental health inpatient treatment
facility operated by the state department of corrections is necessary to ensure
adequate treatment, the psychiatrist of the facility, or if no psychiatrist is
available, the physician at the facility, shall examine the prisoner and make a
written report of the psychiatrist's or physician's recommendations to the
director of the state department of corrections. On receipt of a
report that states that the psychiatrist or physician finds that the symptoms
described in this subsection exist, the director of the state department of
corrections may allow the prisoner to voluntarily transfer to a licensed
behavioral health or mental health inpatient treatment facility operated by the
state department of corrections if the prisoner is an adult male, to the state
hospital or a licensed behavioral health treatment facility operated by the
state department of corrections if the prisoner is a female or to the state
hospital if the prisoner is a minor. If the patient does not
voluntarily transfer, the director shall file a petition with the superior
court in the county in which the prisoner is incarcerated for transfer for
treatment of the prisoner to the state hospital or a licensed behavioral health
treatment facility operated by the state department of corrections if the
prisoner is a female, to a licensed behavioral health or mental health
inpatient treatment facility operated by the state department of corrections if
the prisoner is an adult male or to the state hospital if the prisoner is a
minor.

B. At least ten days before the court conducts the
hearing on the petition for transfer, the state department of corrections shall
provide a copy of the petition and written notice of the hearing to the
prisoner and written notice of the prisoner's rights at the hearing.

C. At least five days before the hearing, if the
prisoner has not employed counsel, the court shall appoint counsel or an
independent advisor to represent the prisoner at the hearing. On
application by the prisoner the court shall also determine the necessity for
any expert testimony by medical witnesses and authorize any necessary
appointment and compensation for these witnesses at the state's
expense. Notice shall be given to the state hospital if the prisoner
is a female or a minor, and the state hospital shall be provided with an
opportunity to participate in the hearing as an interested party, if it so
desires.

D. At the hearing, the prisoner or the prisoner's
representative may call witnesses to testify and may confront and cross-examine
witnesses called by the state department of corrections except on a finding of
good cause for not
permitting
allowing

such presentation, confrontation or cross-examination.

E. If the prisoner is determined to be suffering
from a mental disorder to such a degree that transfer to the state hospital or
a licensed behavioral health or mental health inpatient treatment facility
operated by the state department of corrections is necessary to ensure adequate
treatment, the court shall order and direct that the prisoner be transferred
for treatment to the state hospital in the legal custody of the state
department of corrections or a licensed behavioral health treatment facility
operated by the state department of corrections if the prisoner is a female, to
a licensed behavioral health or mental health inpatient treatment facility
operated by the state department of corrections if the prisoner is an adult
male or to the state hospital if the prisoner is a minor. The
transfer of the prisoner to the state hospital shall be made by the state
department of corrections. The court order must be in writing and
state the evidence relied on and the reasons for transferring the prisoner.

F. The superintendent of the state hospital shall
provide the state department of corrections with a quarterly report of the
condition of a prisoner
who is
transferred to the state
hospital. The superintendent of the state hospital and the director
of the state department of corrections shall also provide the superior court in
the county
which
that
has
jurisdiction over the transfer proceeding with a quarterly report of the
condition of the prisoner.

G. If, in the opinion of the superintendent of the
state hospital or the director of the state department of corrections, the
prisoner no longer suffers from a mental disorder such that placement in the
state hospital or the licensed behavioral health or mental health inpatient
treatment facility operated by the state department of corrections is necessary
to ensure adequate treatment, the superintendent of the state hospital or the
director of the state department of corrections shall order the prisoner to a
licensed behavioral health treatment facility operated by the state department
of corrections or returned to a prison facility to serve the prisoner's
unexpired term, and the period the prisoner was confined in the state hospital
or the behavioral health or mental health treatment agency shall be considered
as though incarcerated in a state department of corrections
facility. If the term of imprisonment expires during the time the
prisoner is confined in the state hospital or the behavioral health or mental
health inpatient treatment facility, the director of the state department of
corrections shall issue to the prisoner an absolute discharge at that time, and
the prisoner's rights to release from the hospital are as provided in title 36,
chapter 5.

H. A
petition for
court-ordered
evaluation
may
shall
be
made
filed
in accordance with title 36,
chapter 5, article 4 if, within one hundred twenty days of the
prisoner's scheduled release from prison or during any time that the
prisoner is on release status, the prisoner appears to be, as a result of a
mental disorder, a danger to self or
a danger
to others,
or is a prisoner with a grave disability
or has
a persistent or acute disability or grave disability
, and is
either unable or
unwilling to undergo a voluntary
evaluation. For the purposes of this section, an inpatient mental
health treatment facility operated by the state department of corrections is
authorized to act as a screening agency.� If the court orders inpatient
evaluation,
the order shall take effect on the day of the
prisoner's scheduled release,
the evaluation shall take
place within seventy-two hours within the state department of corrections

or
,
if the prisoner is on release status,
on
a date determined by the court, and
the state department of corrections
shall
deliver
transport
the prisoner
to the evaluation agency.
The evaluation must take
place in a location that provides confidential communication and be done by a
behavioral health professional who is qualified to make the
evaluation.
Thereafter, all further evaluation and treatment
shall be in accordance with the provisions of title 36, chapter 5
,
as they
that
pertain to civil patients.

I. The state department of corrections shall pay all
costs incurred for the prisoner during the term of the prisoner's sentence.

J. The county in which the court is located shall be
reimbursed for expenses of the proceedings incurred by the county in accordance
with section 31-227.

K.
As used in

For the purposes of
this section
,
"mental
disorder" has the same meaning prescribed in section 36-501.
END_STATUTE

Sec. 3. Title 31, chapter 2, article 2, Arizona
Revised Statutes, is amended by adding section 31-226.02, to read:

START_STATUTE
31-226.02.

Prisoners; mental disorders; procedures for custody transfer;
treatment plan; definition

A. For any prisoner who has been
diagnosed with a mental disorder or who is manifesting the symptoms of a mental
disorder, on conviction for a crime that requires serving a sentence in a
facility under the jurisdiction of the Department, before the prisoner is
delivered into the custody of the department, the medical director of the
department shall ensure that all of the following occur:

1. The prisoner is evaluated by a
psychiatrist to determine whether the prisoner suffers or continues to suffer
from a mental disorder and to determine a written treatment plan for the
prisoner while incarcerated under the department's jurisdiction. The treatment
plan shall include, at a minimum:

(
a
) The
identification of any medications the prisoner is currently prescribed or
should be prescribed to stabilize or improve the mental disorder and whether
the medications need to be administered under certain conditions or
requirements, such as a "watch swallow" instruction or by injection,
to ensure adherence to the treatment regimen.

(
b
) The
identification of any other chronic medical condition, including diabetes,
epilepsy or cardiovascular disorder, and any medication necessary to address
any chronic medical condition.

(
c
) An
assessment of the appropriate placement for the prisoner in the department's
system, including the need to be separated from the general prison population
in order to avoid harm to the prisoner, other prisoners or staff.

(
d
) Any other
provisions that the medical director or the court believes are necessary to
adequately address the prisoner's mental disorder or to protect the well-being
of the prisoner and other persons while the prisoner is incarcerated.

2. The prisoner is evaluated for a
determination of a serious mental illness designation and entitlement to
additional benefits that come with this designation.

3. The written treatment plan is
approved by the court and accompanies the prisoner when transferred to the
department to begin serving a sentence pursuant to an order of the court.

B. On transfer to the department to
begin serving a sentence of incarceration, the medical director of the
department shall identify the prisoner in some easily recognizable manner
indicating that the prisoner has been identified as a prisoner needing
particular attention because of a medical, mental health or supervision need.

C. During the prisoner's term of
incarceration:

1. The written treatment plan shall
be managed and amended, when necessary, in accordance with best evidence-based
practices in order to stabilize or improve the prisoner's medical or mental
health conditions.

2. The department shall give the
prisoner's medical records, including mental health records, to the prisoner's
guardian or designee if the prisoner has a guardian or designates a person to
access the records.

D. For the purposes of this section,
"mental disorder" has the same meaning prescribed in section 36-501.

END_STATUTE

Sec. 4. Section 36-521, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-521.

Petition for court-ordered evaluation; preparation
procedures for prepetition screening

A. On receiving the application for evaluation, the
screening agency, before filing a petition for court-ordered evaluation,
shall provide prepetition screening within forty-eight hours excluding
weekends and holidays when possible to determine whether there is reasonable
cause to believe the person has a persistent or acute disability or a grave
disability or is a danger to self or others as a result of a mental disorder, and
whether the person will voluntarily receive evaluation at a scheduled time and
place.

B. After prepetition screening has been completed,
the screening agency shall prepare a report of opinions and
conclusions. If prepetition screening is not possible, the screening
agency shall prepare a report giving reasons why the
prepetition

screening was not possible and including opinions and conclusions of
staff members who attempted to conduct prepetition screening or otherwise
investigated the matter.

C. If the prepetition screening agency determines
that the application for evaluation is to be denied, the denial shall be stated
in writing on the application form and shall be reviewed and confirmed by the
medical director of the screening agency or the medical director's designee.�
If the screening agency determines that although the person does not currently
meet the criteria for court-ordered evaluation, there are reasonable
grounds to believe that the person has a mental disorder, is in need of further
evaluation or treatment and is able and willing to pursue private or public
evaluation or treatment services available to the person in the community, the
screening agency shall assist the proposed patient in finding specific
evaluation or treatment services in the proposed patient's area and, if
requested, make a direct referral to a person, agency or organization providing
behavioral health services for the purpose of evaluation and treatment.

D. If, based on the allegations of the applicant for
the court-ordered evaluation and the prepetition screening report or
other information obtained while attempting to conduct a prepetition screening,
the
screening
agency determines that there is reasonable
cause to believe that the proposed patient is, as a result of mental disorder,
a danger to self or to others or has a persistent or acute disability or a
grave disability and that the proposed patient is unable or unwilling to
voluntarily receive evaluation or is likely to present a danger to self or to
others, has a grave disability or will further deteriorate before receiving a
voluntary evaluation, the
screening
agency shall prepare
a petition for court-ordered evaluation and shall file the petition,
which shall be signed by the person who prepared the petition unless the county
attorney performs these functions. If the
screening

agency determines that there is reasonable cause to believe that the person is
in such a condition that without immediate hospitalization he is likely to harm
himself or others, the
screening
agency shall take all
reasonable steps to procure such hospitalization on an emergency basis.

E. The agency may contact the county attorney in
order to obtain assistance in preparing the petition for court-ordered
evaluation, and the
screening
agency may request the
advice and judgment of the county attorney in reaching a decision as to whether
the court-ordered evaluation is justified.

F. The county attorney

may
prepare or sign or file the petition if a court has ordered the county attorney
to prepare the petition
, or a sheriff may file the petition
pursuant to section 31-126, subsection A
.

G. If a petition for court-ordered evaluation
alleges danger to others as described in section 36-501, the screening
agency, before filing such a petition, shall contact the county attorney for a
review of the petition.� The county attorney shall examine the petition and
make one of the following written recommendations:

1. That a criminal investigation is warranted.

2. That the screening agency shall file the
petition.

3. That no further proceedings are warranted.� The
screening agency shall consider the recommendation in determining whether a
court-ordered evaluation is justified and shall include the
recommendation with the petition if the
screening
agency
decides to file the petition with the court.

H. The petition shall be made in the form and manner
prescribed by the director.

I. If a petition for court-ordered evaluation
is filed by a prosecutor pursuant to section 13-4517, a prior application
for court-ordered evaluation or prescreening is not necessary.
END_STATUTE

Sec. 5.
Short title

This act may be cited as
"Joshua's Law".