ARIZONA STATE SENATE
Phoenix, Arizona
sexually violent persons;
confidential communications
Specifies
that a sexually violent person (SVP) report may only include an expert’s
opinion as to whether a person has a mental disorder and is likely to engage in
a sexually violent offense.
According
to the National Conference of State Legislatures, 16 states, including Arizona,
have civil commitment laws that allow state officials to initiate an
involuntary commitment process against convicted sex offenders after they have
served their sentences. In Arizona, an
agency with jurisdiction over a person convicted or found guilty except insane
of a sexually violent offense must determine whether the person may be sexually
violent within three months before the person’s anticipated release from
confinement.
If the agency makes such a
determination, it refers the person in writing to the county attorney in the
county in which the person was convicted.
After a person is referred to the county attorney, an expert reviews the
individual’s records and determines whether an individual may be a sexually
violent person. The expert may also
conduct an interview of the individual if the individual consents. The referring agency is required to supply
enumerated documentation to support the referral, which includes a report
prepared by the expert. The county
attorney reviews all materials and makes the decision whether to file a
commitment petition of the individual as a sexually violent person.
According
to the Department of Corrections, an average of four inmates a month will be
classified as sexually violent persons and will be subject to civil commitment
at the Arizona Community Protection and Treatment Center located at the Arizona
State Hospital.
There
is no direct cost to the state general fund associated with the provisions of
this measure. If S.B. 1221 becomes law,
more inmates may take advantage of available counseling or therapy and more
counseling professionals may be needed in prison settings.
1. Specifies that an SVP report may only include the expert’s professional opinion as to whether a person has a mental disorder and is likely to engage in a sexually violent offense.
2. Prohibits disclosure of any communications made in a prison based sex offender treatment program between a counseling professional and a person who may be classified as an SVP during the civil commitment process.
3. Makes conforming and technical changes.
4. Provides for a general effective date.
Prepared by Senate Staff
January 29, 2001