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 Transmitted to the Governor

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. Additionally, HB 2003 conditionally repeals certain laws if monies are not appropriated for a separate and secure facility for developmentally disabled individuals.

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.

· Repeals the requirement to build a secure facility if funding is not appropriated for that purpose in FY 2002-2003.

· Requires that the Division annually evaluate the need for a secure facility and identify those individuals who are defined under Arizona law as “incompetent to stand trial” or as a “threat to public safety” and who are not in a safe and secure setting.

· Requires that if the Division identifies 25 or more individuals who meet specified criteria, DES shall request funding for a secure facility.

· Specifies that the identification of individuals shall not include those individuals who are also diagnosed with a mental health illness.

· Defines the terms incompetent to stand trial and threat to public safety.

· States that if DES does not receive the appropriation necessary to build a secure facility, the director of DES shall send formal written notice to the executive director of the legislative council that states that DES did not receive such appropriation.

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· 45th Legislature

· First Regular Session 2 May 8, 2001

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