ARIZONA STATE SENATE
Phoenix, Arizona
sexually violent persons;
petitions; admissions
Purpose
Changes the standard the
state is required to prove in a petition hearing for a resident of the community
protection and treatment center (center) who is requesting to be discharged to
the community or released to a less restrictive alternative facility, and
requires the Department of Health Services (DHS) to recoup from a resident the
cost of evaluations and treatment and maintaining the resident at the center.
Background
Laws 1995, Chapter 257
established the process for the civil commitment of individuals who are
convicted, found guilty except insane or charged and found incompetent to stand
trial for a sexually violent offense and who have a mental disorder that makes
the person likely to engage in acts of sexual violence. According to the Arizona State Hospital
(ASH), sexually violent persons who are committed to the center go through an
evaluation and treatment process consisting of several phases. The goal of the center is to reintegrate
into the community those individuals who have successfully completed the
treatment program and have been evaluated to be functioning at a level where
their presence in the community does not present a risk to public safety.
During the final phase of
the treatment process, residents may be transitioned into a less restrictive
alternative (LRA) facility. When
appropriate, these residents may attend school or are placed in work
assignments as approved by the court.
Pursuant to A.R.S. §36-3709, the DHS Director, the ASH superintendent or
a resident may petition the court for conditional release to an LRA facility. The state has the burden of proving beyond a
reasonable doubt that the resident’s mental disorder has not changed and the
resident is a danger to others and is likely to engage in acts of sexual
violence if conditionally released to an LRA facility or unconditionally
discharged. This is the same standard
the state has during the civil commitment process.
As of December 31, 2000,
there were 133 residents in the community protection and treatment center; 42
were in treatment, 73 were in detainment housing awaiting a hearing for civil
commitment; and 18 were in an LRA facility.
In addition, two residents have received an absolute discharge to the
community by the courts. S.B. 1162
changes the standard the state is required to prove to prevent a resident from
being discharged to the community or released to an LRA facility. The standard prescribed in this bill
requires the attorney for the state to prove beyond a reasonable doubt that the
resident has not successfully completed transition through all levels of treatment
necessary to be safely discharged or released to an LRA facility.
According to ASH, there are
no costs associated with the provisions of this measure. Also, ASH believes any savings as a result
of recouping costs from the residents as provided by the provisions of this
bill would be offset by the administrative costs of collecting those monies.
Provisions
1. Changes the standard the state is required to prove in a petition hearing for a resident who is requesting to be discharged to the community or released to an LRA. (The new standard requires the state to prove beyond a reasonable doubt that the resident has not successfully completed transition through all levels of treatment necessary to be safely discharged into the community or released to an LRA.)
2. Requires the petition to include minimal evidence that the resident has successfully completed transition through all levels of treatment necessary to be discharged to the community or released to an LRA.
3. Changes, from monthly to quarterly, the time frame each service provider is required to submit a compliance report on a resident in an LRA.
4. Authorizes the court to order supervision or treatment as a condition of a discharge to the community and requires DHS to notify the Department of Public Safety of the conditions of the discharge.
5. Requires the DHS Director to establish an amount to fully reimburse the state for evaluating, treating and maintaining a person committed to the center.
6. Requires ASH to charge a resident all or a portion of the reimbursement amount unless the person is indigent.
7. Prescribes the process for determining a resident’s ability to pay and recovering the costs from a resident who earns an income while committed to the center and is in the LRA.
8. Allows a resident to petition the court for release to an LRA at completion of all levels of treatment.
9. Makes clarifying, conforming and technical changes.
10. Provides for a general effective date.
Prepared by Senate Staff
January 26, 2001