ARIZONA STATE SENATE
Phoenix, Arizona
Allows an indigent person convicted of a sexually violent offense to obtain representation from the public defender’s office for an involuntary commitment hearing.
Under current state law the Department of Corrections forwards to the county attorney a request for an involuntary commitment hearing when a person convicted of a sexually violent offense is believed to be a danger to the community upon that person’s release from confinement. If the county attorney determines the request is valid, the court is then petitioned for a probable cause hearing. Should the court conclude during the hearing that probable cause exists for a commitment hearing and that the person is not financially able to employ counsel, an attorney is appointed to represent the person.
At present, contract attorneys represent these individuals in involuntary commitment hearings. In some instances cases are not undertaken because contract attorneys will not accept cases at the county rate of pay, and the public defender is not authorized to represent persons convicted of sexually violent offenses in involuntary commitment hearings. S.B. 1011 would authorize the use of a public defender in these proceedings.
The fiscal
cost to counties for providing this representation is undeterminable at this
time.
1. Adds to the duties of the public defender, if appointed by the court, the responsibility to represent an individual convicted of a sexually violent offense who requires counsel for an involuntary commitment hearing.
2. Makes technical changes.
3. Contains a delayed effective date of October 1, 2001.
Prepared by Senate Staff
January 12, 2001