House of Representatives

SB 1011

public defenders; duties

(now: public defenders; commitment hearings)

Sponsors: Senator Smith

dp	Committee on Judiciary
x	Caucus and COW
	As Passed the House

SB 1011 revises Arizona law relating to the duties of public defenders.

History

An agency with jurisdiction over a sexually violent person (SVP) is required to refer the SVP to the county attorney or to the Attorney General before the person’s release. The county attorney or the Attorney General may file a petition in superior court alleging that the person is an SVP. If the court or a jury finds beyond a reasonable doubt that the person is an SVP, the person must be committed to the state Department of Health Services (DHS) for placement in a licensed facility under the supervision of the Superintendent of the Arizona State Hospital (ASH) to receive care, supervision or treatment until the person’s mental disorder has so changed that the person would not be a threat to public safety if the person was conditionally released to a less restrictive alternative or was unconditionally discharged.

Current law does not authorize county public defenders to represent SVPs in their civil commitment hearings.

Provisions

· Allows public defenders to be appointed as counsel during involuntary commitment hearings held in connection with SVP petitions.

· Provides that such appointments are at the discretion of the board of supervisors for the county in which the public defender is serving.

· Provides an effective date of October 1, 2001.

SB 1011 passed the Judiciary Committee unamended.

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45th Legislature

First Regular Session 2 April 5, 2001

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