Purpose

Designates the entities responsible for transporting sexually violent persons (SVPs) who are housed at the Arizona State Hospital (ASH) and imposes duties on the court relating to SVP hearings.

Background

Title 36, Chapter 37 prescribes the process for the civil commitment of convicted sex offenders who have completed their sentences and who are determined by a court or jury to be sexually violent or sexually dangerous. According to the Department of Health Services (DHS), 108 SVPs are currently housed at the Arizona Community Protection and Treatment Center (ACPTC) at ASH. According to the Department of Corrections, an average of five inmates per month are classified as SVPs and may be subject to civil commitment.

Since 1997, county sheriffs have transported SVPs to Superior Court for judicial hearings and trials. In general, the deputy sheriffs or detention officers, usually armed, provide transportation to and from the courtroom and supervise the SVPs while in the courtroom. It has been the customary practice of Superior Court judges to issue transport orders to a county sheriff to authorize the release of the SVP from ACPTC for an appearance in court.

Recently, the Superior Court located in Pima County ruled there are only four reasons that justify an SVP to leave ASH: for a probable cause hearing, for a trial, to be released to a less restrictive environment or for an unconditional discharge from ASH. In addition, the court acknowledged an unresolved issue regarding which governmental entity should assume the cost of transportation and housing for SVPs for trials and hearings, but declined to decide which agency should be responsible for assuming these costs.

On January 6, 2000, the Superior Court in Maricopa County ordered ASH and the Maricopa County Sheriff’s Department to provide the court by March 6, 2000 with a written plan that:

a. designates the agency responsible for transporting SVPs for court hearings and trials.

b. specifies the conditions for housing SVPs in the courthouse complex.

c. lists the types of security measures to be used during the transportation and housing of the SVPs in the courthouse complex.

Although there is no fiscal impact to the state general fund, the counties will experience an indiscernible cost relating to the transportation requirements under this legislation.

Provisions

1. Requires the county sheriff of the county where a civil commitment petition is filed to be responsible for all transportation needs of a detained or civilly committed SVP.

2. Authorizes the county sheriff to determine the appropriate mode of transportation and level of security for SVP transportation.

3. Specifies the conditions under which a detained or civilly committed SVP can be transported from ASH.

4. Specifies county sheriffs are not responsible for transporting SVPs who are either subject to conditional release to a less restrictive alternative or being transported to a county hospital.

5. Requires the court to adopt procedures relating to the conduct of hearings and trials of a detained or civilly committed SVP, including procedures that ensure the safety of the public and any participants and the safety and comfort of the detained or civilly committed SVP.

6. Authorizes the court to use video or telephonic conference appearances.

7. Makes technical changes.

8. Provides for a general effective date.

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