ARIZONA STATE SENATE

RESEARCH STAFF

 

SHERYL RABIN

LEGISLATIVE  RESEARCH ANALYST

JUDICIARY COMMITTEE

Telephone: (602) 542-3171

Facsimile: (602) 542-7833

 

TO:                  MEMBERS OF THE SENATE

                        JUDICIARY COMMITTEE               

 

DATE:             January 19, 2001

 

SUBJECT:       Strike Everything Amendment (related to the same subject) to S.B. 1011

                        (public defenders; duties)

                                                                                                                                                           

           

 

The strike everything amendment is a same subject striker that is necessary in order to provide the board of supervisors of each county with the authority to determine if that county’s public defenders shall be permitted to represent a specified type of client.

 

Purpose

 

Allows public defenders, if appointed by the court and authorized by the board of supervisors, to represent in involuntary commitment hearings individuals who have committed sexually violent offenses.

 

Background

 

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 in involuntary commitment hearings persons convicted of sexually violent offenses.  The strike everything amendment to S.B. 1011 authorizes the use of a public defender in these proceedings if the board of supervisors has advised the presiding judge of the county that the public defender may accept these appointments.

 

Provisions

 

1.      Adds to the duties of the public defender, if appointed by the court and authorized by the board of supervisors, the responsibility to represent in involuntary commitment hearings individuals who have committed sexually violent offenses.

 

2.  Provides for a general effective date.

 

SR/jas