ARIZONA STATE SENATE
Phoenix, Arizona
state hospital; bed capacity
Purpose
Extends, until June 30,
2002, 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, until June 30,
2002, ASH to cap the capacity of the civil commitment treatment program on
specific legislative appropriations.
Establishes a process allowing ASH to temporarily defer admission to the
guilty except insane program.
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 admissions could result in overcrowding and violations
of licensing standards that can lead to the loss 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 civil commitment treatment.
According
to ASH, the current census cap is 335 persons.
As of January 1, 2002, the adolescent unit will move, increasing the cap
to 359. By January 1, 2003, the new
civil hospital is scheduled to open, increasing the hospital's census cap to
450; 200 civil, 234 forensic and 16 adolescent. The 234 forensic program includes 69 restoration to competency
beds, 71 guilty except insane beds and 22 not guilty by reason of insanity
beds.
1. Requires, within 10 days of receiving an order, DHS to assume custody of a person who is found guilty except insane.
2. Allows DHS to defer admission to the guilty except insane program if ASH reaches its licensed capacity for the forensic program.
3. Requires DHS to reimburse the county for costs when admission to the forensic program is deferred.
4. Requires DHS to notify the court, prosecutor and defense attorney if DHS cannot admit the person at the end of the deferral period.
5. Allows the prosecutor and defense attorney to request a hearing to determine the length of time admission will be deferred.
6. Requires the Legislature to separately identify in the appropriations act the funded capacity at ASH for adult men and women civil commitment treatment.
7. Stipulates ASH and DHS are not required to provide civil commitment treatment that exceeds the funded capacity.
8. Requires the ASH superintendent to establish a waiting list when the civil commitment population reaches its funded capacity.
9. Extends, until July 1, 2002, the conditions on capacities at ASH for the adult restoration to competency program and the juvenile treatment program.
10. Makes permanent the transfer of responsibility from DHS to the courts to certify county and city restoration to competency programs.
11. Makes conforming and technical changes.
12. Repeals the conditions on the admission to the guilty except insane treatment program and the civil commitment treatment program on July 1, 2002.
13. Provides for a general effective date.
Amendments
Adopted by the House of Representatives
1. Eliminates the ability of ASH to limit the capacity of the guilty except insane treatment program.
2. Creates a court hearing process allowing ASH to temporarily defer the admission of a person who is found guilty except insane and who is committed to ASH when ASH has reached its capacity.
3. Reduces the amount of time ASH is authorized to limit the capacities of the restoration to competency program, the juvenile treatment program and the civil commitment program to June 30, 2002.
Senate Action House Action
HEA 1/16/01 DP 8-0 HEA 3/26/01 DPA 9-0-0-1
3rd Read 1/24/01 29-0-1 3rd Read 4/12/01 55-2-3
Final Read 4/19/01 29-1-0
Signed by Governor 4/25/01
Chapter 244
Prepared by Senate Staff
May 18, 2001