ARIZONA STATE SENATE
Phoenix, Arizona
state hospital; bed capacity
Purpose
Extends, until June 30,
2003, the authority of the Arizona State Hospital (ASH) to limit the capacities
of the adult restoration to competency program and the juvenile treatment
program on specific legislative appropriations and authorizes ASH to cap the
capacity of the guilty except insane treatment program and the civil commitment
treatment program on specific legislative appropriations.
Background
According to the Department
of Health Services (DHS), a single occurrence of over-census in a single
treatment unit can jeopardize the certification and/or accreditation of
ASH. In order to maintain certification
and accreditation, ASH must comply with federal and state standards of various
regulatory agencies such as the Federal Health Care Financing Administration
(HCFA), the Joint Commission on the Accreditation of Health Care Organizations
and the DHS Division of Assurance and Licensure Services.
In June 1998, overcrowding
in the two male restoration to competency units forced ASH to temporarily close
the units to new patients. The growth
of the forensic population, concurrent with clinical staff shortages, created
an unsafe environment for both patients and staff resulting in an increase of
the number of patient on staff assaults and patient on patient assaults. Although ASH expanded the treatment program
to include an additional male restoration to competency unit in October 1998
(which increased the licensing capacity for the male competency restoration
program from 48 to 69), the inability to control hospital admissions resulted
in violations of licensing standards that led to the voluntary surrender of
ASH’s certification.
In an attempt to prevent a
reoccurrence of overcrowding, the Legislature established temporary census caps
for the adult restoration to competency program and the juvenile treatment
program (Laws 1999, Chapter 255). S.B.
1060 continues, for two years, the census caps on those two populations and
establishes census caps for guilty except insane treatment and civil commitment
treatment.
Joint Legislative Budget
Committee staff budget recommendations include funding for a total ASH census
capacity of 335 patients for FY 2001-2002 and 378 patients for FY
2002-2003. These figures include the
civil, forensic and juvenile populations but are not specified by treatment
program (civil commitment, restoration to competency, guilty except insane and
juvenile).
Provisions
1. Conditions the commitment of persons found guilty except insane to ASH on the availability of specific monies appropriated by the Legislature.
2. Requires the Legislature to separately identify in the appropriations act the funded capacity at ASH for:
a. adult men and
women guilty except insane treatment.
b. adult men and
women civil commitment treatment.
3. Stipulates ASH and DHS are not required to provide guilty except insane treatment or civil commitment treatment that exceeds the funded capacity.
4. Requires the ASH superintendent to establish a waiting list when the guilty except insane population or the civil commitment population reaches its funded capacity.
5. Extends, until July 1, 2003, the conditions on capacities at ASH for the adult restoration to competency program and the treatment of juveniles.
6. Makes permanent the transfer, from DHS to the courts, of responsibility to certify county and city restoration to competency programs.
7. Makes conforming and technical changes.
8. Repeals the conditions on the capacity of the guilty except insane treatment program and the civil commitment treatment program on July 1, 2003.
9. Provides for a general effective date.
Prepared by Senate Staff
January 12, 2001