House of Representatives

HB 2003

developmental disabilities division; secure facilities

Sponsors: Representatives Knaperek: Anderson

DP	Committee on Human Services
DPA	Committee on Appropriations
DPA	Caucus and COW
X	As Passed the House

HB 2003 extends the delayed effective date for construction of a secure 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, and requires that an evaluation be conducted determining the need for such a facility by December 31, 2002.

History

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.

Provisions

· Extends the delayed effective date from October 1, 2001 until October 1, 2003.

· Requires the Division to evaluate the need for a secure facility by December 31, 2002, in terms of the number of persons needing such a facility.

· Stipulates that if 25 or more persons are identified in the evaluation by the Division, then funding must be requested for the construction of a secure facility in FY 2003-04.

HB 2003 passed the Human Services Committee unamended.

HB 2003 was amended in the Appropriations Committee as follows:

· Adds a new section of session law requiring the Division to evaluate the need for a secure care facility by December 31, 2002. That evaluation must identify those individuals who are “incompetent to stand trial” or a “threat to public safety”, as defined in statute, who are not in an otherwise safe and secure setting and who are also not diagnosed with a mental illness. The amendment further states that if the Division identifies 25 or more such individuals, then the Division must request funding for a secure care facility for FY 2003-2004.

The Appropriations Committee amendment was adopted in the Committee of the Whole.

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45th Legislature

First Regular Session 2 March 9, 2001

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