House of Representatives

SB 1162

sexually violent persons; petitions; admissions

Sponsors: Senators Valadez, Richardson, Aguirre et al

 

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Committee on Judiciary

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Committee on Appropriations

 

Caucus and COW

 

 

As Passed the House

 

SB 1162 makes changes to Arizona laws governing petitions for change of status, petitions for release to a less restrictive alternative or petitions for discharge by sexually violent persons (SVP).

 

History

The Sexually Violent Predator Act was added to Arizona law in 1995.  In 1988, the Act was renumbered and renamed the Sexually Violent Persons Act. 

A person is considered an SVP if the person is convicted of or found guilty except insane of one of the enumerated crimes in the SVP Act and is found to have a mental disorder that makes the person likely to engage in acts of sexual violence.  These crimes include sexual conduct with a minor, sexual assault, sexual assault of a spouse, molestation of a child or continuous sexual abuse of a child.  Also included is second degree murder, first degree murder, assault, aggravated assault, unlawful imprisonment, kidnapping or burglary in the first degree if the court at the time of sentencing or civil commitment proceedings determines beyond a reasonable doubt that the act was sexually motivated.

An agency with jurisdiction over an 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.

A psychiatrist, psychologist or other competent professional of the ASH-licensed facility examines each committed SVP on an annual basis.  The examiner must submit the report to the court and specify whether conditional release to a less restrictive alternative is in the best interest of the person and will adequately protect the community.  If any change of release conditions is recommended, the SVP is allowed to petition the court for a change of release conditions.

In any hearing regarding a petition for change of status, petition for release to a less restrictive alternative or petition for discharge by an SVP, the state must prove beyond a reasonable doubt that:

1.      The petitioner’s mental disorder has not changed.

2.      The petitioner remains a danger to others.

3.      The petitioner is likely to engage in acts of sexual violence if conditionally released to a less restrictive alternative or unconditionally discharged.

Provisions

Petition for Change of Status by SVP

·                      Requires the state to prove that the petitioner has not successfully completed transition through all levels of treatment necessary to be safely released to a less restrictive alternative in any action brought by the petitioner.

·                      Prohibits an SVP from petitioning the court for conditional release to a less restrictive alternative if the petitioner has not successfully completed transition through all levels of treatment.

·                      Requires a petition by an SVP to the court to include a prima facie showing that the petitioner has successfully completed transition through all levels of treatment necessary to be safely released to a less restrictive alternative.

·                      Modifies the result if the state does not meet its burden of proof to release the SVP to a less restrictive alternative rather than be discharged from treatment.

Conditional Release to a Less Restrictive Alternative

·                      Decreases the requirement that each designated service provider submit a report once a month to a requirement that each designated service provider submit a report every three months to the court, to the facility from which the SVP was released, and to the county attorney where the person was found to be an SVP that states whether the person is complying with the terms and conditions of the conditional release to a less restrictive alternative.

Petition for Discharge

·                      Requires the state to prove that the petitioner has not successfully completed transition through all levels of treatment necessary to be safely discharged in any action brought by the petitioner.

·                      Prohibits an SVP from petitioning the court for discharge if the petitioner has not successfully completed transition through all levels of treatment while in the less restrictive alternative.

·                      Requires a petition by an SVP to the court to include a prima facie showing that the petitioner has successfully completed transition through all levels of treatment necessary to be discharged into the community.

·                      Modifies the result if the state does not meet its burden of proof to release the SVP to reside in the community with any conditions of supervision or treatment ordered by the court rather than be discharged from treatment.

·                      Requires DHS to notify the Department of Public Safety of a person’s discharge and any conditions of the discharge ordered by the court.

SB 1162 passed the Judiciary Committee unamended.

 

 

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45th Legislature                                                                                                                                

First Regular Session                                   3                                                         March 28, 2001

 

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