developmental disabilities
division; secure facilities
HB 2003 extends the delayed effective date for construction of a secured facility for persons with developmental disabilities who are charged with serious felonies, yet are incompetent to stand trial, from October 1, 2001 to October 1, 2003.
In 1995, Senate Bill 1273 was passed which directed the Department of Economic Security (DES), Division of Developmental Disabilities (Division) to construct a secure facility to house individuals with developmental disabilities who commit serious felonies, yet are incompetent to stand trial, and are considered a threat to public safety. The bill required that the Division have available by October 1, 1996, a secure facility for those individuals who meet the definition in the law and whose guardian requests such a placement through the court.
Laws 1995, Chapter 250 contained a legislative intent section, which reads in part:
“The legislature
recognizes that a small group of individuals with developmental disabilities
are charged with serious felonies, yet are found not competent to stand
trial. Since these offenders generally
do not have an associated illness, they cannot be involuntarily committed to
state facilities such as the Arizona state hospital…the court currently has no
option but to release these offenders back into society even though there is a
high probability they will reoffend.”
According to DES, the Division is currently utilizing small group homes apart
from populated areas to house individuals with developmental disabilities. There is a high staff-to-patient ratio in
order to ensure that these individuals are secure. The Division is also developing a Community Protection Policy for
consistency in structuring these community-based services.